Consolidated Document number 36/VBHN-BCT promulgating the National Technical Regulation on the limit levels of formaldehyde and aromatic amines derived from azo dyes in textile products

SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness _________________

 

CIRCULAR

Provisions on the content, procedure, and process of inspection activities, administrative violation handling, and implementation of professional measures by Market Management forces

 

Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade, stipulates the content, procedure, and process of inspection activities, administrative violation handling, and implementation of professional measures by Market Management forces, effective from December 1, 2020, amended and supplemented by:

Circular No. 20/2021/TT-BCT dated December 10, 2021, issued by the Minister of Industry and Trade, amending and supplementing certain articles of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade, stipulating the content, procedure, and process of inspection activities, administrative violation handling, and implementation of professional measures by Market Management forces, effective from February 1, 2022.

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

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

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

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

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

Based on Decision No. 34/2018/QĐ-TTg dated August 10, 2018, issued by the Prime Minister, stipulating the functions, tasks, authorities, 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 issues this Circular stipulating the content, procedure, and process of inspection activities, administrative violation handling, and implementation of professional measures by Market Management forces.^[1]

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

Article 1. This Circular stipulates the content, procedure, and process of inspection activities, administrative violation handling, and implementation of professional measures by Market Management forces, including:

a) Building, approving, and issuing Inspection Program Guidelines, Inspection Plans;

b) Receiving and processing information about violations of laws or signs of such violations;^[2];

c) Content, procedure, and process of inspections and administrative violation case handling;

d) Applying preventive measures and ensuring administrative violation handling;

đ) Authority and procedure for implementing professional measures;

2. Inspection and administrative violation handling activities of Market Management forces in the field of industrial property shall be carried out in accordance with the laws on industrial property and the provisions of this Circular.

Article 2. Applicability

1. Agencies, units, and market management officials.

2. Agencies, organizations, and individuals related to inspection activities, administrative violation handling, and implementation of professional measures by Market Management forces.

Article 3. Principles of inspection activities, administrative violation handling, and implementation of professional measures

1. Compliance with laws on administrative violation handling, the Market Management Ordinance, and the provisions of this Circular.

2. Based on grounds, within the scope of functions, tasks, and authorities of Market Management forces; ensuring accuracy, objectivity, transparency, promptness, non-discrimination, and not hindering legitimate business operations of organizations and individuals.

3.^[3] (abolished).

4. The application of information technology in inspection activities, administrative violation handling, and implementation of professional measures by Market Management forces must ensure security, safety, economy, and effectiveness as prescribed by law.

Chapter II

BUILDING, APPROVING, ISSUING GUIDELINES FOR INSPECTION PROGRAMS, INSPECTION PLANS

 

Article 4. Orientation of the inspection program ^[4]

1. The orientation of the inspection program is a document determining the general direction regarding the purpose, requirements, group of subjects to be inspected, or areas and regions that need to focus on inspection for planned inspection activities over a period of 01 (one) year by the Market Management Force approved by the Minister of Industry and Trade based on the proposal of the Domestic Market Management and Development Department.

2. Based on market conditions, domestic market management work requirements, or according to the directives of the Government, Prime Minister, Minister of Industry and Trade, or competent authority, the Domestic Market Management and Development Department (hereinafter referred to as the Department) shall take the lead in building, reporting to the Minister of Industry and Trade for issuance of the Inspection Program Orientation for the following year before November 15 each year.

3. The Inspection Program Orientation shall be sent to relevant agencies and units for their information and coordination; sent to the People's Committees of provinces and centrally-run cities, Market Management Branches under Departments of Industry and Trade (hereinafter referred to as Market Management Branches) for implementation; and published on the Department’s and Ministry of Industry and Trade’s electronic information portals.

4. In case it is necessary to adjust the content of the Inspection Program Orientation already approved, the Department shall report and submit to the Minister of Industry and Trade for consideration and decision. The adjustment document shall be sent to relevant agencies and units and published on the electronic information portal in accordance with Clause 3 of this Article.

Article 5. Inspection Plan

1. The inspection plan of the Market Management Business Department under the Department (hereinafter referred to as the Business Department) and the Market Management Branch includes:^[5]

a) Regular inspection plan is a plan built and issued for implementation in the following year. The implementation time of the regular inspection plan starts from January 1 and ends before November 15 of the inspection year;

b) Special topic inspection plan is a plan built and issued when there are bases stipulated in point a, Clause 2, Article 6 of this Circular and organized for implementation within a specific period during the year.

2. The inspection plan 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 inspection;

c) Group of subjects, goods or fields and regions to be inspected; detailed list of names and addresses of organizations, individuals or business locations expected to be inspected and the expected inspection time;

d) Contents of inspection;

đ) Assignment of tasks to units implementing the inspection plan;

e) Expected composition of inspection forces, including cooperating agencies, organizations, and individuals (if any);

g) Implementation time of the plan;

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

i) Reporting system.

3. In case market developments in the assigned area or field require concentrated inspections within the jurisdiction of the Market Management and such issues do not fall within the scope and content of the inspection plans already approved or issued by the competent authorities, the Market Management Team Leader shall proactively build a special topic inspection plan, submit it to the Market Management Branch Director for direct approval and organization of implementation.^[6] The special topic inspection plan of the Market Management Team must include the contents prescribed in points a, b, c, d, e, g, h, i of Clause 2 of this Article.

The specialized inspection plan of the Market Management Team must include the contents specified in points a, b, c, d, e, g, h, and i of Clause 2 of this Article.

Article 6. Construction, approval, issuance of inspection plans ^[7]

1. The process of building and approving regular inspection plans of the Business Division and Market Management Sub-department is carried out as follows:

a) Based on market conditions, requirements for market management work within the jurisdiction, the direction of approved inspection programs, and according to the request of the head of the competent administrative agency, before December 15 each year, the Business Department shall prepare and submit to the Director of the Domestic Market Management and Development Department (hereinafter referred to as the Director) for consideration and approval of the Business Department's annual regular inspection plan; the Market Management Branch shall prepare and submit to the Chairman of the People's Committee of the province or centrally-administered city for consideration and approval of the Market Management Branch's annual regular inspection plan.

The dossier to be submitted includes: the proposal from the authorized person requesting approval of the regular inspection plan and the draft decision approving the regular inspection plan attached with the draft regular inspection plan of the Business Department or the Market Management Branch;

b) Within seven working days from the date of receiving the dossier as stipulated in point a of this clause, the authorized person shall consider and decide to approve the regular inspection plan of the Business Department and the Market Management Branch;

c) Immediately upon issuance, the decision approving the regular inspection plan of the Business Department and the Market Management Branch must be sent to the inspected organizations and individuals, publicly posted at the office premises, and published on the electronic information website of the agency (if available).

2. The process of building and issuing specialized inspection plans of the Business Division and Market Management Sub-department is carried out as follows:

a) Based on written directives from the superior competent authority or based on market developments that require focused inspections in specific areas, fields, contents, and regions within the local jurisdiction at certain times but not covered by the already issued regular inspection plan, the Business Department and the Market Management Branch shall proactively construct and issue the specialized inspection plan;

b) Immediately upon issuance, the decision issuing the specialized inspection plan of the Business Department and the Market Management Branch must be sent to the direct superior agency for reporting, monitoring, and supervising implementation; sent to the inspected organizations and individuals, publicly posted at the office premises, and published on the electronic information website of the agency (if available).

3. The process of building and approving specialized inspection plans of Market Management Teams is carried out as follows:

a) Based on the provisions of Clause 3, Article 5 of this Circular, the Team Leader of the Market Management Team shall proactively construct the specialized inspection plan of the Market Management Team and submit it to the Market Management Branch Director of the direct superior branch for approval.

The dossier to be submitted includes the proposal from the authorized person requesting approval of the specialized inspection plan and the draft decision approving the specialized inspection plan attached with the draft specialized inspection plan of the Market Management Team;

b) Within five working days from the date of receiving the dossier as stipulated in point a of this clause, the Market Management Branch Director shall consider and decide to approve the specialized inspection plan of the subordinate Market Management Team;

c) Immediately upon issuance, the decision approving the specialized inspection plan of the Market Management Team must be sent to the inspected organizations and individuals, publicly posted at the office premises and units, and published on the electronic information website of the Market Management Branch (if available).

4. In cases where overlapping or duplication is found regarding the objects, contents, and time of implementation of the inspection plans compared to those previously approved or issued, the Market Management agencies and units must immediately report in writing to the authorized person approving or issuing the plan and related agencies and units to handle the overlapping or duplicated content.

5. In cases where it is necessary to amend or supplement the content of the approved or issued inspection plan, the Market Management agencies and units implementing the inspection plan shall report and propose to the authorized person approving or issuing the inspection plan to consider and decide.

The decision amending or supplementing the decision approving the inspection plan or the decision amending or supplementing the inspection plan of the authorized person shall be sent to relevant agencies, organizations, and individuals; publicly posted at the office premises, and published on the electronic information website of the agency (if available).

6. The Director, the Chairman of the People's Committee of the province or centrally-administered city, and the Market Management Branch Director shall be responsible for monitoring, inspecting, and supervising the implementation of inspection plans by subordinate Market Management agencies and units; promptly identifying, directing, or reporting to the authorized person to direct handling of overlapping or duplicating scope, objects, contents, and time of inspections, and considering and handling responsibility for agencies, units, and individuals causing overlapping or duplicating situations in constructing, issuing, and implementing inspection plans.

7. The sending of the Decision Approving the Inspection Plan, the Decision Issuing the Inspection Plan, the Decision Amending or Supplementing the Decision Approving the Inspection Plan, and the Decision Amending or Supplementing the Inspection Plan to inspected organizations and individuals as stipulated in point c of Clause 1, point b of Clause 2, point c of Clause 3, and Clause 5 of this Article may be carried out electronically if the inspected organizations and individuals have appropriate electronic means, capable of accessing, interacting, and accepting receipt of the above decisions through electronic means. Sending decisions electronically to inspected organizations and individuals shall be carried out in accordance with the following regulations:

a) Sending decisions to individuals and organizations through government agency communication channels on the electronic environment or sending to individual and organizational email addresses or national identification applications or applications prescribed in sectoral, field-specific, or local regulatory documents or SMS messages to the main phone number of individuals or representatives of organizations;

b) In cases where the decision is prepared in paper form, when sending the decision electronically, it must be converted into data messages and meet the requirements under the law on electronic transactions.

c) The determination of cases considered as having been sent validly shall be carried out in accordance with the provisions on receiving data messages under the Law on Electronic Transactions.

Article 7. Implementation of inspection plans

1. Based on the tasks assigned in the approved or issued inspection plan, the Head of the Business Department^[8], the Team Leader of the Market Management Team shall be responsible for:

a) Issuing or proposing to the competent authority to issue the Inspection Decision regarding compliance with laws in the production, business of goods and services (hereinafter referred to as the inspection decision) for organizations and individuals subject to inspection according to the plan;

b) Organizing, directing, and managing the inspection according to the inspection plan;

c) Summarizing and reporting in writing to the head of the superior agency about the results of the planned inspection immediately after the completion of the implementation period of the inspection plan or upon urgent request.^[9] Upon completion of the implementation period of the inspection plan or upon urgent request, the Head of the Market Management agency or unit shall be responsible for summarizing and reporting in writing to the superior agency about the results of the planned inspection. The report must clearly state the reasons, causes, specific responsibilities in cases where the inspection plan has incomplete contents and any proposals, recommendations (if any).

2.^[10] Upon completion of the implementation period of the inspection plan or upon urgent request, the Head of the Market Management agency or unit shall be responsible for summarizing and reporting in writing to the superior agency about the results of the planned inspection. The report must clearly state the reasons, causes, specific responsibilities in cases where the inspection plan has incomplete contents and any proposals, recommendations (if any).

Chapter III

RECEIVING AND HANDLING INFORMATION ON VIOLATIONS OF LAWS OR SIGNS OF VIOLATIONS OF LAWS ^[11]

 

Article 8. Information on violations of laws or signs of violations of laws for urgent inspections

1. Information on violations of laws or signs of violations of laws includes:

a)^[12] Information from direct directives of the Government, Prime Minister, Minister of Industry and Trade, Chairmen of People's Committees at all levels, Directors of Departments of Industry and Trade, Heads of Market Management Branches requiring inspections of organizations and individuals violating laws or showing signs of violation of specific laws;

b) Information from reports of market management officials performing business measures prescribed in Articles 34, 35, and 36 of this Circular or from reports of market management officials performing inspection and administrative violation handling tasks;

c) Information from documents of market management agencies and units at all levels transferring information on violations of laws or signs of violations of laws;

d) Information from documents requesting or proposing inspections and handling of violations of laws from other state agencies not falling under the case specified in point a of this clause;

đ) Information from mass media about violations of laws, signs of violations of laws;

e) Information from complaints, suggestions, reflections, appeals, denunciations of consumers or other organizations and individuals about violations of laws, signs of violations of laws.

2. Requests from agencies and persons with authority specified in point a of Clause 1 of this Article and market management officials' inspection proposals during their official duties concerning information specified in point b of Clause 1 of this Article shall serve as grounds for persons with authority to consider and issue urgent inspection decisions.

3. Information on violations of laws or signs of violations of laws not falling under the cases specified in Clause 2 of this Article must be collected, reviewed, verified, and monitored in accordance with regulations before being used as grounds for persons with authority to consider and issue urgent inspection decisions.

Article 9. Receiving and Processing Information

1. Except for cases provided for in Clause 2 and Clause 3 of this Article, civil servants managing the market who collect or receive information about violations of laws or signs of such violations as stipulated in Article 8 of this Circular must immediately report to the head of their direct market management agency or unit to handle the received information. The reporting shall be done in writing for cases specified in Point d and e of Clause 1 of Article 8 of this Circular.

2. Immediately upon receiving the information as stipulated in Article 8 of this Circular, the head of the market management agency or unit with authority to issue inspection and handling decisions shall issue such decisions as follows:

a) Directly or delegate to a deputy or issue a written request for a person with the authority to issue inspection decisions at a lower level to issue inspection decisions within their jurisdiction, area, or field assigned and organize implementation according to regulations for the information specified in Clause 2 of Article 8 of this Circular, except when it is determined that the inspection proposal made by a civil servant performing duties lacks sufficient grounds to issue an inspection decision;

b) Assign or delegate to a deputy to assign^[13] market management civil servants to implement investigative measures to collect, review, verify information, or monitor business activities involving goods or services suspected of violating laws (hereinafter referred to as monitoring) as stipulated in Articles 35 and 36 of this Circular for the information specified in Clause 3 of Article 8 of this Circular and when it is determined that the inspection proposal made by a civil servant performing duties lacks sufficient grounds to issue an inspection decision.

3. In the case where the head of the market management agency or unit receives information about violations of laws or signs of such violations as stipulated in Article 8 of this Circular but does not have the authority to issue inspection decisions or does not fall within their jurisdiction, area, or field assigned, they shall handle it as follows:

a) If the information about violations of laws or signs of such violations does not fall within the functions, tasks, or administrative violation handling authority of the market management force, then either personally or guide the agency, organization, or individual providing the information to transfer the information to the competent agency or organization for resolution in accordance with the law;

b) If the information about violations of laws or signs of such violations falls within the functions, tasks, or administrative violation handling authority of the market management force, immediately transfer the received information to the head of the market management agency or unit with the authority to issue inspection decisions in accordance with their jurisdiction, area, or field assigned for handling in accordance with Clause 2 of this Article. The information transfer document must be sent to the head of the immediate superior agency of both the transferring and receiving parties for monitoring and directing the implementation.^[14] Article 10. Handling Results of Investigative Measures to Collect, Review, Verify Information or Monitor Business Activities Involving Violations of Laws or Signs of Such Violations

In the case of implementing investigative measures to collect, review, verify information or monitor as stipulated in Point b of Clause 2 of Article 9 of this Circular, the head of the market management agency with the authority to issue inspection decisions or a deputy delegated the power

must examine and handle immediately after receiving the report on the results of the investigative measures performed by the market management civil servants according to the following provisions:^[15] 1. If the results of collecting, reviewing, verifying information or monitoring do not reveal any violations of laws or signs of such violations, a written notification must be issued to the agencies, organizations, or individuals who provided the information as stipulated in Point c, d, and e of Clause 1 of Article 8 of this Circular, except if those agencies, organizations, or individuals have other requirements.

2. If the results of collecting, reviewing, verifying information or monitoring reveal violations of laws or signs of such violations, decide to conduct inspections as stipulated in Point a of Clause 2 of Article 9 of this Circular or transfer the information to the person with the authority to issue inspection decisions as stipulated in Point b of Clause 3 of Article 9 of this Circular if it does not fall within their jurisdiction, area, or field assigned.

2. In cases where the results of information collection, verification, investigation, or monitoring reveal violations of laws or signs of such violations, a decision to conduct an inspection shall be made in accordance with point a of Clause 2 of Article 9 of this Circular, or the information shall be transferred to the competent authority authorized to issue an inspection decision under point b of Clause 3 of Article 9 of this Circular if it does not fall within their jurisdiction, territory, or field of responsibility.

Article 11. Proposal for inspection

1. When implementing business measures prescribed in Articles 34, 35, and 36 of this Circular or when performing inspection tasks and handling administrative violations, if discovering a violation of the law or signs of such violation by organizations or individuals, market management officials must report and propose inspection in writing to the head of the competent market management agency or deputy authorized to issue the inspection decision.^[16], except in cases provided for in point a, Clause 2, Article 17 of this Circular.

2. The proposal for inspection stipulated in Clause 1 of this Article shall be reflected in the report on the results of implementing business measures or inspection tasks and handling administrative violations by market management officials or in the inspection proposal document and must include the following main contents:

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

b) Basis for proposing the inspection;

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

d) Content of the proposed inspection;

đ) Inspection deadline and time proposed for conducting the inspection;

e) Anticipated administrative violation and applicable regulatory legal documents;

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

3. Market management officials who propose inspections are responsible before the authority issuing the inspection decision and the law regarding the content of the inspection proposal.

Article 12.^[17] (abolished).

Chapter IV

CONTENTS, PROCEDURES, AND PROCEDURES FOR INSPECTION AND HANDLING OF ADMINISTRATIVE VIOLATION CASES

 

Article 13. Issuing the inspection decision

1. Inspections must be carried out based on a written decision issued by the authority with the power to issue inspection decisions as prescribed by law.

2. The authority with the power to issue inspection decisions may only issue inspection decisions when there is a basis as prescribed in Article 20 of the Market Management Ordinance.

3. The inspection decision must clearly record the main contents prescribed in Clause 2, Article 19 of the Market Management Ordinance. The inspection content of the inspection decision must meet the following requirements:

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

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

c)^[18] Within the subject, content of inspection recorded in the approved inspection plan or issued according to this Circular, or within the subject, content of violation of the law or signs of violation of the law for the case of sudden inspection as prescribed in Clause 2, Article 20 of the Market Management Ordinance.

4. In cases where inspection activities for the same inspected subject are conducted at multiple locations, the authority with the power to issue inspection decisions may issue one or more inspection decisions or issue a directive for the subordinate authority with the power to issue inspection decisions to issue inspection decisions for the inspected subject at each inspection location within the assigned territory or field.

5. The establishment of the Inspection Team as prescribed in Clause 1, Article 23 of the Market Management Ordinance must be reflected in the content of the inspection decision.

Article 14. Responsibilities of the person issuing the inspection decision

1. Directly or appoint market management officials meeting the criteria to serve as the Head of the Inspection Team to implement the inspection decision.

2.^[19] Directly or delegate the official responsible for managing the Work Diary of the market management agency/unit to clearly record the number, code, issuance date of the inspection decision; name, position of the decision issuer; name, official number (if any) of the Inspection Team members; name and address of the inspected organization, individual, or production/business facility; inspection contents and deadlines into the Work Diary before implementing the inspection decision.

3. Fulfill the responsibilities prescribed in Article 26 of the Market Management Ordinance.

Article 15. Members of the Inspection Team

1. The members of the Inspection Team include:

a) The Head of the Inspection Team shall be a market management official meeting the requirements stipulated in point b of this clause and must hold a Market Inspection Card;

b) Market management officials meeting the requirements stipulated in Clause 2 and Clause 3 of Article 23 of the Market Management Ordinance;

c) Persons assigned by coordinating agencies to participate in inspections related to the specialized administrative management of multiple sectors and fields, as provided for in Clause 2 of Article 36 of the Market Management Ordinance.

2. The person issuing the inspection decision shall decide in writing on replacing the Head of the Inspection Team or members of the Inspection Team in cases where the Head of the Inspection Team or members of the Inspection Team are ill, injured, deceased, missing, incapacitated, suspended from duty, disciplined, or for other objective reasons that prevent them from continuing to carry out inspection activities and administrative violations.

In cases where the head of the market management agency or unit issuing the inspection decision has their inspection card revoked, temporarily suspended, or replaced, the person appointed to replace them, the person delegated to head or manage the agency or unit, or the head of the higher-level market management agency shall decide on replacing the Head of the Inspection Team and members of the Inspection Team.

Article 16. Implementation of Inspection Decisions

1. The inspection decision shall be implemented according to the provisions of Clause 3 of Article 19 of the Market Management Ordinance. If at the time of implementing the inspection decision, the inspected organization or individual is not operating or has temporarily ceased business operations, the Inspection Team shall prepare a record of non-compliance with the inspection decision in the presence of a representative of the People's Committee of the commune or a representative of the police station of the commune and report in writing to the person who issued the inspection decision for review and decision.^[20] 2. When commencing the inspection, the Head of the Inspection Team must perform the following procedures:

a) Present the Market Inspection Card; announce and hand over the inspection decision to the inspected individual or the representative of the inspected organization or individual;

b) Inform the inspected individual or the representative of the inspected organization or individual about the composition of the Inspection Team and the witness (if any);

c) Require the inspected individual or the representative of the inspected organization or individual to comply with the inspection decision of the authorized authority and work with the Inspection Team;

d) In cases where the inspected individual or the representative of the inspected organization or individual is not present at the inspection location, the Inspection Team shall still announce the inspection decision and proceed with the inspection in the presence of a representative of the People's Committee of the commune or a representative of the police station of the commune and the witness.

3. The tasks and powers of the Inspection Team, the responsibilities of the Head of the Inspection Team, and the members of the Inspection Team when conducting inspections 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.

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

Article 17. Handling situations arising during the implementation of on-site inspection decisions

1. Situations arising during the implementation of on-site inspection decisions include:

a) Discovering that the inspected organization or individual has violated laws or there are signs of violation outside the content specified in the inspection decision;

b) Complex inspection cases requiring an extension of the inspection period as provided for in point b, Clause 2, Article 22 of the Market Management Ordinance;

c) Changes to the Head of the Inspection Team or members of the Inspection Team;

d) Other situations affecting the inspection activities as stipulated in the inspection decision.

2. The handling of situations arising as provided for in point a, Clause 1 of this Article shall be carried out as follows:

a) In cases where violations of laws outside the content specified in the inspection decision are discovered during the inspection, the Inspection Team shall record the content of the law violations in the inspection report after completing the inspection;

b) In cases where there are signs of violations of laws outside the content specified in the inspection decision, the Head of the Inspection Team must report and propose to the decision maker to amend and supplement the inspection decision already issued. The Inspection Team may only conduct inspections on the content with signs of law violations after receiving a decision to amend and supplement the inspection decision from the competent authority issuing the inspection decision.

3. For situations arising as provided for in points b and d, Clause 1 of this Article, the Inspection Team shall report to the decision maker for consideration and decision.

4. The handling of situations arising as provided for in point c, Clause 1 of this Article shall be carried out according to the provisions of Clause 2, Article 15 of this Circular.

Article 18. Preparing Inspection Reports and Administrative Violation Reports

1. Based on the inspection results, the Inspection Team shall prepare and sign an inspection report to record the inspection results and conclusions regarding the inspection content (if any) immediately after completing the inspection at the inspection site.

2. The preparation of inspection reports and administrative violation reports at the inspection site shall be carried out as follows:

a) In cases where all inspection contents comply with the law, the Inspection Team shall prepare an inspection report recording the inspection results;

b)^[21] In cases where all inspection contents reveal administrative violations or some inspection contents reveal administrative violations and do not fall under the circumstances provided for in point c of this clause, after the Inspection Team prepares an inspection report recording the inspection results, the Head of the Inspection Team shall prepare an administrative violation report or issue an on-the-spot administrative penalty decision if it falls under the circumstances of administrative penalties without preparing a report as prescribed by the law on administrative violations, except for the circumstances provided for in Clause 4, Article 13 of this Circular;^[22] c) In cases where the inspection results reveal signs of administrative violations that require verification and investigation to clarify the conclusion, the Inspection Team shall prepare an inspection report recording the inspection results while proposing to the decision maker to organize the collection, verification, and investigation to supplement evidence as prescribed in Article 35 of this Circular, applying measures to prevent and ensure the handling of administrative violations as prescribed by law.

3. The inspection report must be prepared according to the prescribed format and follow the following requirements:

a) When preparing the inspection report, the inspected organization or individual or their representative must be present; in cases where the inspected organization or individual or their representative is absent or deliberately avoids presence, when preparing the inspection report, representatives of the People's Committee of the commune or representatives of the commune police station and witnesses must be present;

In cases where the inspected organization or individual or their representative refuses to sign the inspection report, the inspection report must have the signature of representatives of the People's Committee of the commune or representatives of the commune police station where the inspection was conducted or at least one witness confirming that the inspected organization or individual or their representative did not sign the inspection report and clearly stating the reason for refusal in the report.

b)^[23] 4. Content of the inspection report:

a) The inspection report must fully and accurately record the inspection results for each inspection content; opinions of the inspected organization or individual or their representative, representatives of cooperating agencies, and witnesses (if any); evaluation, recommendations, and proposals of the Inspection Team regarding the inspection case;

b) The inspection report must contain signatures of representatives of all parties related to the inspection and the preparation of the inspection report. In cases where the report consists of multiple pages or copies, signatures of these individuals must be affixed on each page, copy of the report, including appendices and lists attached to the inspection report.

b) The inspection record must contain signatures of representatives of all parties involved in the inspection and the preparation of the inspection record. If the record consists of multiple pages or copies, each page and copy of the record, including appendices and attached lists, must bear the signatures of these persons.

Article 19. Handling the Results of Inspection

1. In cases where necessary, during the inspection process or based on the results of the inspection, the Head of the Inspection Team decides to apply measures to prevent and ensure the handling of administrative violations within their authority or proposes that the authorized person make such decisions according to the provisions of the Law on Handling Administrative Violations and Chapter V of this Circular.

2.^[24] Except when the Head of the Inspection Team is also the person issuing the inspection decision, within twenty-four hours from the time of completing the inspection record, the Head of the Inspection Team must report and propose handling the inspection results in writing along with the inspection case file to the person issuing the inspection decision for handling according to the provisions of Clause 3 of this Article. For cases where an administrative violation record has been established according to point b, Clause 2, Article 18 of this Circular, reporting and proposing handling the administrative violation case must be done immediately after establishing the administrative violation record, except for cases where the administrative violation falls under the penalty authority of the Head of the Inspection Team as stipulated by the Law on Handling Administrative Violations.^[25].

3. Except for the cases specified in Clause 4 of this Article, immediately upon receiving the inspection case file from the Inspection Team, the person issuing the inspection decision shall examine and handle the inspection results as follows:

a) Where an administrative violation record has been established according to point b, Clause 2, Article 18 of this Circular, the person issuing the inspection decision shall examine and decide on the imposition of penalties for administrative violations within their authority or proceed with procedures to submit or transfer the administrative violation case file to the authorized person to impose penalties according to the provisions of the Law on Handling Administrative Violations and this Circular;

b) Where the inspection results indicate signs of legal violations but lack sufficient grounds to conclude administrative violations, it is necessary to decide on applying investigative measures to collect, review, and verify information to supplement evidence according to Article 35 of this Circular.

4. In cases where inspections are conducted at the request of the authorized person as stipulated in Clause 4, Article 13 of this Circular, or where the inspected entity is simultaneously being inspected and penalized for administrative violations by another Market Management agency, the person issuing the inspection decision shall report and propose handling the inspection results in writing to the head of the higher-level Market Management agency with authority; transfer or accept the inspection case file and decide on applying investigative measures according to the instructions of the authorized person.

The head of the higher-level Market Management agency with authority is responsible for directing or deciding on collecting, reviewing, and verifying to supplement evidence; concluding the inspection case, instructing the establishment of an administrative violation record and imposing administrative penalties within their authority or proceeding with procedures to submit or transfer the administrative violation case file to the authorized person to impose penalties according to the provisions of the Law on Handling Administrative Violations and this Circular.

Article 20. Handling the Results of Audit and Verification of Inspection Cases

1. Except for inspection cases requested by authorized persons as stipulated in Clause 4, Article 13 of this Circular, immediately upon completion of audit and verification, the person issuing the inspection decision must conclude the case and handle it as follows:^[26]

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

b) In cases of administrative violations, they must direct the preparation of an administrative violation report, issue an administrative penalty decision for administrative violations within their authority to penalize, or proceed with procedures to submit or transfer the administrative violation case file to the authorized person to penalize according to the regulations on handling administrative violations and the provisions of this Circular;

c) In cases where the violation behavior has signs of criminal offenses, they must immediately transfer the violation case file to the criminal proceedings agency for consideration and prosecution of criminal responsibility according to the provisions of Clause 3^[27] Article 22 of this Circular.

2. For inspection cases requested by authorized persons as stipulated in Clause 4, Article 13 of this Circular, within two working days from the date of completing the audit and verification, the person issuing the inspection decision must report the results of the audit and verification to the authorized person to conclude the case and handle it according to the provisions of Points a, b, and c of Clause 1 of this Article.

Article 21. Administrative Penalty

The authority to impose administrative penalties, procedures for imposing administrative penalties, enforcement of administrative penalty decisions, and coercive enforcement of administrative penalty decisions shall be carried out in accordance with the regulations on handling administrative violations.

Article 22. Procedures for Transferring Administrative Violation Cases to Authorities or Authorized Persons to Impose Administrative Penalties and Transfer Case Files of Administrative Violations with Signs of Criminal Offenses for Criminal Prosecution ^[28]

1. For cases that have established administrative violation reports as stipulated in Point b, Clause 2, Article 18 or Paragraph 2, Clause 4, Article 19 or Article 20 of this Circular but are not within the authority to penalize of market management officials or exceed the authority to impose administrative penalties of the head of the market management agency currently handling the case, the market management agency of the person who issued the inspection decision or currently handling the case must promptly transfer the administrative violation report and other relevant documents to the authorized person to penalize according to the law on handling administrative violations.

2. In cases of transferring administrative violation case files to authorities or authorized persons to penalize as stipulated in Clause 1 of this Article, the market management agency of the person who issued the inspection decision or currently handling the case must:

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

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

c) Prepare a handover record between the transferring party and the receiving party for the case files and seized items or means (if any).

3. For administrative violation cases discovered through inspections conducted by market management or primarily conducted by market management but where the violation behavior has signs of criminal offenses, the market management agency of the person who issued the inspection decision or currently handling the case must immediately transfer the case file, license, professional certificate, evidence, and means of transportation related to the criminal offense behavior to the authorized criminal proceedings agency according to the law. The transfer procedure shall be similar to the provisions of Clause 2 of this Article.

Article 23. Procedures for accepting and handling administrative violation cases transferred from other state agencies to the Market Management Authority

1. The Market Management Authority shall only accept and handle administrative violation cases transferred from other state agencies when it deems appropriate with its functions, tasks, powers, and penalty authority.

2. The procedures for accepting and handling administrative violation cases transferred from other state agencies to the Market Management Authority shall be carried out as follows:

a) The transferring agency shall issue a document transferring the administrative violation case to the Market Management Authority;

b) The head of the Market Management Authority receiving the transfer shall examine and decide on the acceptance of the transferred case and direct the preparation of a record of handover of files, evidence, and seized items (if any) between the transferring party and the receiving party.

3. Within the time limit prescribed by law on handling administrative violations, the head of the Market Management Authority receiving the transferred case shall be responsible for examining and deciding on the imposition of administrative penalties within their authority or referring the matter to the competent authority for administrative penalties as stipulated by law.

4. If necessary, the head of the Market Management Authority receiving the transferred case may decide to collect, verify, and investigate information to supplement evidence for the decision on administrative penalties.

Article 24.^[29] (abolished).

Article 25.^[30] (abolished).

Article 26. Preparation, preservation, and storage of case files for inspection and handling of administrative violations

1. Case files for inspection and handling of administrative violations include all relevant documents related to the inspection and handling of administrative violations, established, managed, and stored according to the following principles:

a) The preparation of case files for inspection and handling of administrative violations must truthfully and fully reflect the documents and materials in accordance with assigned functions and tasks; creating accurate grounds for timely, lawful, and effective resolution of matters by the agency or unit;

b) Documents and materials stored in the file must accurately and fully reflect the process of resolution and actual developments of inspection and handling activities of administrative violations; ensuring legal value in handling cases;

c) Documents and materials must be arranged and indexed before being transferred for storage by the agency or unit to organize usage and retrieval.

2. Upon completion of the inspection and handling of administrative violations, the head of the Market Management Authority specified in Clause 4 of this Article shall assign civil servants to prepare and store case files for inspection and handling of administrative violations as stipulated in Clause 3 of this Article.

3. The preparation of case files for inspection and handling of administrative violations shall be carried out as follows:

a) The case file must have a cover designed and printed according to National Standard TCVN 9251:2012 on archival file covers and stored as prescribed. The civil servant assigned the task shall be responsible for filling in all details of the pre-printed sections on the file cover;

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

c) Index numbers shall be assigned sequentially and progressively increasing in number and in the order of each document in the file. Each document shall be assigned one index number. The numbering shall be done in chronological order of receipt. In the event of multiple documents received at the same time, they shall be numbered in the order of issuance of the documents.

4.^[31] Case files for inspection and handling of administrative violations shall be preserved and stored according to the following regulations:

a) The Market Management authority issuing the administrative violation penalty decision shall be responsible for storing the original case file of the inspection and administrative violation handling upon completion of the case;

b) In the case where the Market Management Authority transfers the case file of an administrative violation to the Director of the Department of Industry and Trade or the Chairman of the People's Committee at various levels to make a decision on administrative penalties, the Market Management Authority proposing the administrative penalty must retain a copy of the case file, except in cases where the Director of the Department of Industry and Trade or the Chairman of the People's Committee at various levels has different requirements.

5. Case files for inspection and handling of administrative violations must be handed over, preserved, stored, and destroyed when they have exceeded their useful life according to the regulations on archiving.

Article 27. Confidentiality of Information

1. Information, documents, and case files related to activities of inspection and handling of administrative violations or signs thereof as stipulated in this Circular must be kept confidential in accordance with the provisions of the law.

2. Market Management officials who intentionally disclose or provide information about inspection and handling of administrative violations or information related to the results of market management business measures without permission from competent authorities shall be subject to disciplinary action or criminal responsibility depending on the severity of the violation, as provided for by law.

Chapter V

APPLICATION OF MEASURES TO PREVENT AND ENSURE HANDLING OF ADMINISTRATIVE VIOLATIONS

 

Article 28. General Provisions on Application of Measures to Prevent and Ensure Handling of Administrative Violations

1. Based on the results of inspections or the implementation of business measures, the authorized official of Market Management decides to apply preventive and assurance measures for handling administrative violations.

2. The authorized official of Market Management who decides to apply preventive and assurance measures for handling administrative violations shall be responsible for:

a) Ensuring that the application of preventive and assurance measures for handling administrative violations is based on the provisions of the law on handling administrative violations;

b) Organizing, directing, and implementing the application of preventive and assurance measures for handling administrative violations in accordance with the provisions of the law on handling administrative violations.

Article 29. Request for Search

1. When receiving and processing information as prescribed in Articles 8, 9, and 10 of this Circular or when implementing assigned business measures or in cases stipulated in Clause 1 of Article 19 of this Circular, if there is evidence suggesting that in a person, means of transport, object, or hidden place, there are concealed objects or means of administrative violations, the Market Management official performing their duties may apply a search according to their authority or propose to the authorized official of Market Management to issue a decision to search a person, means of transport, object, or hidden place containing objects or means of administrative violations (hereinafter referred to as the search decision) in accordance with the provisions of the law on handling administrative violations.

2. The request for search as prescribed in Clause 1 of this Article shall be reflected in the report on the results of business measures or the report on the performance of inspection and handling of administrative violations by the Market Management official or in a search proposal document and must include the following main contents:^[32]

a) Name, position, and workplace of the person proposing the search;

b) Basis for the search proposal;

c) Person to be searched, means of transport or object to be searched, or place to be searched;

d) Scope of the search;

e) Anticipated time and location for conducting the search;

f) Anticipated administrative violation and related objects or means of administrative violations;

g) Signature of the person proposing the search.

3. The Market Management official proposing a search shall be responsible before the authorized official issuing the search decision and before the law regarding the content of the search proposal.

Article 30.^[33] (abolished).

Article 31. Issuing inspection decisions

1. All cases of inspecting persons, transport means, objects, places where evidence of administrative violations are hidden, or inspecting administrative violations according to administrative procedures (hereinafter referred to as inspection cases) must be based on an inspection decision in writing by the competent authority, except for inspections conducted as provided for in Clause 2, Article 127 or Clause 3, Article 128 of the Law on Handling Administrative Violations.

2. The competent authority of Market Management shall issue inspection decisions only when ensuring the following requirements:

a) Within the scope of authority, territory, or field assigned;

b)^[34] Only to be carried out in necessary cases and with grounds as prescribed by laws on handling administrative violations.

Article 32. Procedures and formalities for implementing inspection decisions and handling inspection results

1. The procedures and formalities for implementing inspection decisions, establishing inspection records of persons, transport means, and objects according to administrative procedures, establishing inspection records of places where evidence of administrative violations are hidden, establishing administrative violation records, and imposing administrative penalties shall be implemented in accordance with the provisions of laws on handling administrative violations.

2.^[35] The person responsible for organizing and directing inspections, the inspector issuing the inspection decision, and the head of the Market Management agency involved shall handle the results of inspections, verification, and investigation of inspection cases; transfer, receive, submit administrative violation case files for administrative penalties; establish, amend, store administrative violation case files, and protect information similar to inspection activities as stipulated in Articles 19, 20, 22, 23, 26, and 27.^[36] this Circular.

Article 33. Application of measures to temporarily detain evidence, means, licenses, certificates of practice, and temporarily detain persons according to administrative procedures, and escorting violators

1.[37] The Head of Inspection Teams and market management officials performing their duties may apply or propose the competent authority to decide on applying measures to temporarily detain evidence, means, licenses, certificates of practice, temporarily detain persons, and escort violators when there is evidence as prescribed in the Law on Handling Administrative Violations. Proposals shall be made in writing or recorded in the content of inspection records or inspection records.

2. The authority and formalities for applying measures to temporarily detain evidence, means, licenses, certificates of practice, temporarily detain persons, and escort violators shall be implemented in accordance with the provisions of laws on handling administrative violations.

Chapter VI

AUTHORITY AND PROCEDURES FOR IMPLEMENTING BUSINESS MEASURES

 

Article 34. Territorial management of organizations and individuals engaged in trading goods and commercial services

1. The subjects of territorial management include:

a) Organizations and individuals engaged in trading goods and commercial services within the operational area of the Market Management force;

b) Production, trading, delivery, storage, reserve locations of goods; cargo collection sites, domestic airports, seaports, ports, inland waterway ports, railway stations, post offices; shopping centers, duty-free shops, supermarkets, markets within the operational area of the Market Management force;

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

2. The contents of territorial management are specified in Clause 1, Article 33 of the Ordinance on Market Management.

3. The allocation of territorial management shall be decided in writing by the Head of the Market Management Team and assigned to one or more officials to implement. In cases where multiple officials are assigned to manage the same territory, the Head of the Market Management Team shall appoint one official as the team leader responsible for regularly reporting or compiling data on territorial management.

4. The allocation decision must clearly specify the specific managed territory, list of officials, contents of management to be implemented, and reporting system. Officials conducting territorial management outside the Market Management Team office must record work diaries for management, monitoring, and supervision.

5.^[38] The Head of the Market Management Team is responsible for compiling, managing, and using the database on territorial management within the allocated territory and implementing the reporting system as required by the Director of the Market Management Branch.

6.^[39] The Director of the Market Management Branch is responsible for managing and using the database on territorial management within the allocated territory; implementing the reporting system as prescribed by law or upon request from the Department of Industry and Trade Director directly above or the Director of the Bureau.

7. The Director^[40] is responsible to the Minister of Industry and Trade for building, managing, and developing the territorial management information database system; guiding exploitation, use, and ensuring maintenance, operation, security, and safety of the territorial management information database system nationwide.

Article 35. Collection, Examination, and Verification of Information

1. The collection, examination, and verification of information by market management forces as stipulated in point b, Clause 1, Article 32 of the Market Management Ordinance shall be carried out in the following cases:

a) Collecting information to serve advisory work and the development of periodic inspection plans or specialized inspection plans;

b) Examining and verifying information on violations of laws or signs of such violations to serve as grounds for issuing decisions on surprise inspections or applying measures to prevent and ensure administrative violation handling;

c) Collecting, examining, and verifying information to supplement materials and evidence proving administrative violations during the process of handling inspection results, application of search measures, or acceptance and handling of administrative violation cases transferred from other state agencies to market management agencies or units;

d) Collecting, examining, and verifying information to serve the enforcement of administrative violation penalty decisions and compulsory enforcement of such decisions according to the law on administrative violation handling;

đ) Collecting, examining, and verifying information upon directives from higher-level market management agencies or requests from other market management agencies or units;

2. The objects of activities related to the collection, examination, and verification of information include:

a) Organizations and individuals being inspected under inspection decisions made by authorized persons of market management forces;

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

c) Other agencies, organizations, or individuals related to inspection and administrative violation handling activities of market management forces;

3. The content of information to be collected, examined, and verified is defined in Clause 2, Article 33 of the Market Management Ordinance;

4. Depending on the specific requirements of each case, the organization of information collection, examination, and verification may be conducted in one or more of the following forms:

a) Inviting organizations and individuals subject to inspection; owners, managers, or users of seized items or vehicles; owners, managers, or users of confiscated items or vehicles; owners of inspected premises or representatives of the aforementioned organizations and individuals to attend meetings;

b) Conducting meetings with organizations and individuals specified in point a of this clause when they request it;

c) Conducting meetings with other organizations and individuals related to inspections and the application of preventive measures and ensuring administrative violation handling;

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

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

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

g) Other forms as prescribed by law;

5. Based on their assigned functions and tasks, the heads of market management agencies or units or deputy heads delegated authority^[41] assign civil servants to perform the tasks of collecting, examining, and verifying information as stipulated in points a, d, and đ of Clause 1 of this Article according to relevant laws;

6. The collection, examination, and verification of information as stipulated in points b and c of Clause 1 of this Article shall be carried out as follows:

a) According to the provisions of Clause 3, Article 8 and point b, Clause 2, Article 9 of this Circular or based on the proposal of inspection teams, the heads of market management agencies or units or deputy heads delegated authority^[42] currently handling cases must issue a task assignment document for civil servants to carry out the task of collecting, examining, and verifying information;

b) The content of the task assignment document must clearly specify the information to be collected, examined, and verified; the name of the civil servant assigned the task and the deadline for collecting, examining, and verifying information. In cases where information is examined and verified according to point c, Clause 2, Article 18 of this Circular, the examination and verification period shall be implemented according to the provisions of Clause 4, Article 27 of the Market Management Ordinance;

c) Civil servants assigned the task of collecting, examining, and verifying information must immediately conduct these tasks according to the content of the task assignment document; report the results of collecting, examining, and verifying information and any recommendations or suggestions (if any) in writing to handle according to Articles 10 or 20 of this Circular;

7.^[43] Activities of collecting, examining, and verifying information by civil servants assigned tasks belonging to the Business Affairs Department or Market Management Branch outside the agency's or unit's headquarters must be recorded in the Work Diary for management, monitoring, and supervision.

Article 36. Supervision of Business Activities of Goods and Commercial Services with Signs of Violating Laws

1. The objects of supervision activities include:

a) Organizations and individuals suspected of engaging in business, transportation, storage of smuggled goods or production, sale of fake, prohibited goods, goods of unknown origin, infringement of intellectual property rights, violation of laws on quality, measurement, price, food safety, protection of consumer rights, and commercial fraud;

b) Organizations and individuals currently implementing or preparing to implement violations of laws reported by information providers;

c) Transport means, business locations, places for gathering, storing, hiding goods, means, and items suspected of violating laws;

d) Other business activities of goods and commercial services with signs of violating laws.

2. The content of supervision is stipulated in Clause 3, Article 33 of the Market Management Ordinance.

3. Supervision activities shall be carried out according to the following provisions:

a) Based on instructions from the head of the superior Market Management agency or reports, proposals of civil servants or information collected or reported by information providers, the head of the Market Management agency or unit with authority may issue a decision to inspect or authorize a deputy to assign in writing the supervision task for the objects specified in Clause 1 of this Article;^[44] b) The assignment document of tasks under point a of this clause must clearly state the basis for supervision, list of civil servants conducting supervision, supervised objects, and time of supervision;

c) Civil servants assigned the supervision task must perform the content of the assignment document accurately; report the results of supervision and any recommendations to the person assigning the task in writing for handling according to the law and this Circular.

4. The implementation of supervision activities by Market Management civil servants must be recorded in the Work Diary for management, monitoring, and supervision.

Article 37. Building Information Providers

1. Market Management forces may use non-staff personnel with capabilities and conditions to participate as collaborators to provide information and contact points for regularly supplying information to serve Market Management activities.

2. The head of the Business Department, Market Management Branch, and Market Management Team decides and is responsible for building, classifying, managing, and using information providers according to the following principles:

a) Confidentiality, single-line;^[45]b) Information about the identity of collaborators, records of information supply processes, and contact points are classified, managed, and used according to secret regimes as prescribed by law.

3. Information and documents provided by information providers must be collected, verified, and confirmed according to the provisions of Article 35 of this Circular before being used as a basis for inspection and administrative violation handling.

4. The level of expenditure and procedures for payment of expenses for purchasing information and rewarding information providers for their achievements in participating in the seizure and confiscation of illegal goods and means in anti-smuggling, commercial fraud, and fake goods activities shall be implemented in accordance with the law.

a) Assist the Minister of Industry and Trade in directing, supervising, urging, guiding, and inspecting Market Management forces in carrying out inspection activities, administrative violation handling, and implementing business measures as prescribed by law and this Circular;

b) Organize the application of information technology in inspection activities, administrative violation handling, and implementing business measures of Market Management forces as prescribed by law and this Circular;

Chapter VII

IMPLEMENTING PROVISIONS ^[46]

 

Article 38. Responsibilities for Implementation ^[47]

1. The Director of the Domestic Market Management and Development Bureau shall be responsible for:

a) Direct, supervise, urge, guide, and inspect agencies and Market Management civil servants under their management in carrying out inspection activities, administrative violation handling, and implementing business measures as prescribed by law and this Circular;

b) Organize the implementation of inspection directives of authorized bodies or coordinate with other local Market Management Departments' Business Departments to inspect and handle administrative violations when requested;

c) Directing the training and professional development of Market Management agencies and officials assigned to perform inspection and administrative violation handling tasks and implementing business measures;

d) Reporting to the Minister of Industry and Trade on the results of implementing the Inspection Program Guidance and the results of inspection and administrative violation handling by the Market Management forces as prescribed;

đ) Proposing to the Minister of Industry and Trade organizational measures for implementation or amendments to this Circular when necessary.

2. The Chairpersons of People's Committees of provinces and centrally-administered cities shall be responsible for:

c) Direct, supervise, urge, guide, and inspect subordinate Market Management Teams in carrying out inspection activities, administrative violation handling, and implementing business measures as prescribed by law and this Circular;

b) Directing the training and professional development and ensuring funding and working conditions for Market Management agencies and officials under their management as prescribed by law;

c) Proposing and recommending to the Minister of Industry and Trade organizational measures for implementation or amendments to this Circular when necessary.

3. The Head of the Market Management Branch shall be responsible for:

a) Implementing inspection activities, administrative violation handling, and business measures as prescribed by law and this Circular;

d) Organize training and professional development for Market Management Teams and civil servants assigned to carry out inspection tasks, implement business measures, and handle administrative violations;

đ) Implement reporting systems to the Director of the Department of Industry and Trade, Chairman of the Provincial People's Committee, and Director of the Domestic Market Management and Development Bureau on the situation and results of inspection and administrative violation handling of their units as prescribed.

c) Coordinate in organizing the implementation of inspection decisions, search decisions, penalty decisions, and other decisions of the heads of authorized Market Management agencies;

1. This Circular takes effect from December 1, 2020.

4. Other state agencies, organizations, and individuals related to the inspection and administrative violation handling activities of Market Management shall be responsible for:

a) Providing information, documents, and evidence related to inspection and administrative violation handling cases as requested by Market Management agencies;

b) Cooperating in inspection and administrative violation handling as requested by Market Management agencies;

2. This Circular replaces Circular No. 35/2018/TT-BCT dated October 12, 2018, issued by the Minister of Industry and Trade, stipulating the content, procedures, and formalities of inspection activities, administrative violation handling, and business measures of Market Management forces.

Article 39. Effective date

3. The Director of the Domestic Market Management and Development Bureau, Head of the Market Management Business Department, Head of the Market Management Branch, Head of the Market Management Team, Heads of units under the Ministry of Industry and Trade, and related organizations and individuals are responsible for implementing this Circular./.

Number: 36/VBHN-BCT

3. The Director of the Domestic Market Management and Development Department, the Head of the Market Management Operations Division, the Heads of Provincial Market Management Agencies,^[48]the Heads of Market Management Teams, the Heads of units under the Ministry of Industry and Trade, and related agencies, organizations, and individuals are responsible for implementing this Circular./.

 

MINISTRY OF INDUSTRY AND TRADE ____________ Number: 36/VBHN-BCT   Place of Receipt: - OFFICE OF THE GOVERNMENT (FOR PUBLICATION IN THE GAZETTE); - Ministry of Justice (for monitoring); - Minister Nguyen Hong Dien; - Vietnam Economic News (for posting on the Ministry of Industry and Trade website); - Department of Legal Affairs (for publication in the National Legal Information System); - To be filed: VT, TTTN (PC).

CERTIFIED CONSOLIDATED DOCUMENT   Hanoi, August 6, 2025   DEPUTY MINISTER DEPUTY MINISTER Nguyen Sinh Nhat Tan

 

 

^{___________________________}

^[1] Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the contents, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces, is based on the following grounds:

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

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

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

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

Pursuant to Decision No. 34/2018/QD-TTg dated August 10, 2018, issued by the Prime Minister, stipulating the functions, tasks, powers, and organizational structure of the Market Management General Department under the Ministry of Industry and Trade;

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

Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management is based on the following grounds:

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

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

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

At the proposal of the Director of the Domestic Market Management and Development Department;"

^[2] The phrase "and issue ad hoc inspection plans" is abolished pursuant to point a, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[3] This clause is abolished pursuant to Clause 3, Article 2 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the contents, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces, which takes effect from February 1, 2022.

^[4] This provision is amended and supplemented pursuant to Clause 1, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[5] The title of this clause is amended and supplemented pursuant to Clause 2, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[6] The phrase "Director of the Market Management Department" is replaced with the phrase "Head of the Market Management Sub-department" pursuant to point b, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[7] This provision is amended and supplemented pursuant to Clause 3, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[8] The phrase "Business Measures" is added pursuant to point c, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[9] The phrase "Director" is replaced with the phrase "head of the agency" pursuant to point d, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[10] This clause is amended and supplemented pursuant to Clause 4, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[11] The phrase "and issue ad hoc inspection plans" is abolished pursuant to point a, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[12] This point is amended and supplemented pursuant to Clause 5, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[13] The phrase "or delegate to deputy assign" is added pursuant to point a, Clause 1, Article 2 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the contents, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces, which takes effect from February 1, 2022.

^[14] The phrase "head of the market management agency or unit directly above" is replaced with the phrase "head of the agency directly above" pursuant to point đ, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[15] The phrase "or deputy delegated authority" is added pursuant to point b, Clause 1, Article 2 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the contents, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces, which takes effect from February 1, 2022.

^[16] The phrase "or deputy delegated authority" is added pursuant to point c, Clause 1, Article 2 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the contents, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces, which takes effect from February 1, 2022.

^[17] This provision is repealed pursuant to Clause 13, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

^[18] This point is amended and supplemented pursuant to Clause 6, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

^[19] This clause is amended and supplemented pursuant to Clause 1, Article 1 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the content, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force, effective from February 1, 2022.

^[20] The phrase "in writing" is added pursuant to Point e, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

^[21] This point is amended pursuant to Point a, Clause 2, Article 1 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the content, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force, effective from February 1, 2022.

^[22] The phrase “or issue an administrative penalty decision without making a record if it falls under the case of warning or fines up to VND 250,000 for individuals or VND 500,000 for organizations” is replaced by the phrase “or issue an administrative penalty decision on the spot if it falls under the case of administrative violation handling without making a record” pursuant to Point g, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

^[23] This point is amended pursuant to Point b, Clause 2, Article 1 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the content, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force, effective from February 1, 2022.

^[24] This clause is amended pursuant to Clause 3, Article 1 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the content, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force, effective from February 1, 2022.

^[25] The phrase “, except where the administrative violation falls within the penalty authority of the Inspection Team Leader as provided by law on administrative violation handling” is added pursuant to Point h, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

^[26] This paragraph is amended pursuant to Clause 4, Article 1 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the content, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force, effective from February 1, 2022.

^[27] The phrase “Clause 2” is replaced by the phrase “Clause 3” pursuant to Point i, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

^[28] This provision is amended and supplemented pursuant to Clause 7, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[29] This provision is repealed pursuant to Clause 13, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

^[30] This provision is repealed pursuant to Clause 13, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

^[31] This clause is amended and supplemented pursuant to Clause 8, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[32] This paragraph is amended and supplemented pursuant to Clause 8, Article 1 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the content, procedures, and processes for inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force, which takes effect from February 1, 2022.

^[33] This provision is repealed pursuant to Clause 13, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

^[34] This point is amended and supplemented pursuant to Clause 9, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[35] This clause is amended and supplemented pursuant to Clause 10, Article 1 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the content, procedures, and processes for inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force, which takes effect from February 1, 2022.

^[36] The phrase "Articles 19, 20, 22, 23, 24, 25, 26, and 27" is replaced by the phrase "Articles 19, 20, 22, 23, 26, and 27" pursuant to Point k, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[37] This clause is amended and supplemented pursuant to Clause 11, Article 1 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the content, procedures, and processes for inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force, which takes effect from February 1, 2022.

^[38] This clause is amended and supplemented pursuant to Clause 10, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[39] This clause is amended and supplemented pursuant to Clause 10, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[40] The phrase "Director General" is replaced by the phrase "Director" pursuant to Point 1, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[41] The phrase "or deputy authorized" is added pursuant to Point d, Clause 1, Article 2 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the content, procedures, and processes for inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force, which takes effect from February 1, 2022.

^[42] The phrase "or deputy authorized" is added pursuant to Point d, Clause 1, Article 2 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the content, procedures, and processes for inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force, which takes effect from February 1, 2022.

^[43] This clause is amended and supplemented pursuant to Clause 11, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[44] The phrase "or deputy delegated authority" is added pursuant to point c, Clause 1, Article 2 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020, issued by the Minister of Industry and Trade on the contents, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces, which takes effect from February 1, 2022.

^[45] The phrase "Business Department, Provincial-level Department" is replaced by the phrase "Business Affairs Division, Provincial Market Management Office" pursuant to Point m, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

^[46] Article 3, Article 4 of Circular No. 20/2021/TT-BCT amending and supplementing certain provisions of Circular No. 27/2020/TT-BCT dated September 30, 2020 issued by the Minister of Industry and Trade on the content, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces, which took effect from February 1, 2022, are stipulated as follows:

Article 3. Responsibilities for Implementation

The Head of the Ministry's Office, the Inspector General of the Ministry, the Director of the Legal Department, the Director of the Market Management General Department, the Heads of units under the Ministry of Industry and Trade, market management agencies, market management officials at all levels, and other relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

Article 4. Implementation provisions

This Circular takes effect from February 1, 2022.

Article 7, Article 8 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the field of market management, which take effect from July 15, 2025, are stipulated as follows:

Article 7. Transitional Provisions

1. The badge numbers of market management officials working at market management agencies at all levels that have been issued before the effective date of this Circular shall continue to be used until December 31, 2025, or until the time when the Director of the Domestic Market Management and Development Department issues replacement badge numbers according to this Circular.

2. Market Inspection Cards issued to market management officials before the effective date of this Circular and still within their validity period shall continue to be used until December 31, 2025, or until the end of their validity period as indicated on the Market Inspection Card, whichever is earlier than December 31, 2025.

3. Inspection plans that have been issued and approved before the effective date of this Circular shall continue to be implemented by the Market Management Business Departments under the Domestic Market Management and Development Department, Market Management Agencies under the Provincial Industrial and Trade Departments, and central city-level Market Management Teams according to Resolution No. 190/2025/QH15 dated February 19, 2025, of the National Assembly on handling some issues related to state administrative organization restructuring. In cases where the 2025 annual inspection plan needs to be amended or supplemented, the Market Management Business Departments under the Domestic Market Management and Development Department, and Market Management Agencies under the Provincial Industrial and Trade Departments shall report and propose to the competent authority to review and decide according to this Circular.

Article 8. Implementation clause

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

2. Repeal the following Circulars:

a) Circular No. 18/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade on the conduct of public service activities by market management forces:

b) Circular No. 20/2019/TT-BCT dated October 30, 2019, issued by the Minister of Industry and Trade on internal inspections of compliance with laws in public service activities by market management forces:

c) Circular No. 54/2020/TT-BCT dated December 31, 2020, issued by the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 18/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade on the conduct of public service activities by market management forces and Circular No. 20/2019/TT-BCT dated October 30, 2019, issued by the Minister of Industry and Trade on internal inspections of compliance with laws in public service activities by market management forces.

3. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced by new legal normative documents, they shall be applied according to such new legal normative documents.

Provincial People's Committees, central city-level People's Committees, the Domestic Market Management and Development Department, Market Management Agencies under provincial and central city-level People's Committees, and other relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

^[47] This provision is amended and supplemented in accordance with Clause 12, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain articles of circulars issued by the Minister of Industry and Trade in the field of market management, which shall take effect from July 15, 2025.

^[48] The phrase "Director of the Market Management General Department, Director of the Market Management Business Department, Provincial Market Management Bureau Director" is replaced by the phrase "Director of the Domestic Market Management and Development Department, Head of the Market Management Business Division, Branch Director of the Market Management Branch" pursuant to Point n, Clause 14, Article 2 of Circular No. 45/2025/TT-BCT amending and supplementing certain articles of circulars issued by the Minister of Industry and Trade in the field of market management, which shall take effect from July 15, 2025.