Circular No. 41/2013/TT-BCT stipulates the reporting regime for market management.

CIRCULAR

Regulations on Reporting Procedures for Market Management

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

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

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

The Minister of Industry and Trade promulgates this Circular stipulating the reporting procedures for Market Management,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the reporting procedures for Market Management including:

1. Periodic reports including weekly, monthly, quarterly, and annual reports on the situation of activities, results of market management work, and significant market fluctuations during the reporting period.

2. Ad hoc or specialized reports according to directives from higher-level Market Management authorities regarding key issues related to the activities of Market Management forces during specific periods.

3. Content, procedure, and formalities for implementing periodic, ad hoc, and specialized reports.

Article 2. Applicability

1. Market Management agencies at all levels.

2. Market Management officials authorized by competent authorities to participate in implementing periodic, ad hoc, and specialized reports.

3. Other organizations and individuals related to the reporting procedures of Market Management.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. The electronic reporting system of Market Management is a system for updating, accessing, exploiting, and managing databases on the activities of Market Management forces.

2. The database of the electronic reporting system of Market Management is a collection of data compiled and systematically organized according to a specific method to enable electronic access, exploitation, management, and updating.

3. Data of the electronic reporting system of Market Management is information in the form of symbols, writing, numerals, images, sounds, or similar forms.

4. Electronic documents of the electronic reporting system of Market Management are documents expressed in the form of data messages.

Chapter II

CONTENT, PROCEDURE, AND FORMALITIES FOR IMPLEMENTING REPORTS

Section 1

CONTENT, PROCEDURE, AND FORMALITIES FOR IMPLEMENTING REPORTS

Article 4. Types of Reports

The Market Management Bureau, Market Management Branch, and Market Management Team are responsible for implementing the following types of reports:

1. Periodic Reports:

a) Weekly report.

b) Monthly report.

c) First quarter report.

d) Mid-year report.

đ) Third quarter report.

e) Annual report.

2. Ad hoc reports.

3. Specialized reports.

Article 5. Content of the Report

1. Periodic reports as prescribed in Appendices I through V.

2. Ad hoc reports as prescribed in Appendix VI; applicable when there is a request from the head of a higher-level Market Management agency or unusual developments in the market or important cases related to Market Management work within the jurisdiction of the Market Management Branch or Team.

3. Specialized reports applied to emerging or prominent issues in the market or tasks as required by the Ministry of Industry and Trade and the Market Management Bureau. The content of specialized reports is specified by the Director of the Market Management Bureau and the Head of the Market Management Branch for each specific topic.

Article 6. Reporting Responsibilities

1. For the Market Management Bureau:

a) Submitting written reports according to the prescribed formats in the appendices issued with this Circular to the Ministry of Industry and Trade, relevant ministries and sectors, and Market Management Branches in provinces and centrally-administered cities;

b) Submitting electronic written reports according to the prescribed formats in the appendices issued with this Circular through the Market Management electronic reporting system.

2. For the Market Management Branch:

a) Submitting written reports according to the prescribed formats in the appendices issued with this Circular to the Market Management Bureau;

b) Submitting electronic written reports according to the prescribed formats in the appendices issued with this Circular through the Market Management electronic reporting system.

3. For the Market Management Team:

a) Submitting written reports according to the prescribed formats in the appendices issued with this Circular to the Market Management Branch;

b) Submitting electronic written reports according to the prescribed formats in the appendices issued with this Circular through the Market Management electronic reporting system;

4. All information and contents of electronic written reports must be uniformly in Vietnamese Unicode format.

Article 7. Procedure and Time for Implementing Reporting System

1. The Market Management Department shall aggregate and implement the reporting system as follows:

a) Weekly reports must be completed and submitted by 16:00 on Friday of each week;

b) Monthly reports must be completed and submitted on the 28th day of each month;

c) Quarterly reports must be completed and submitted on the 28th day of the last month of each quarter;

d) Semi-annual reports must be completed and submitted on June 28;

đ) Annual reports must be completed and submitted on December 28;

e) Specialized reports and emergency reports must be completed within the time specified by the competent authority.

2. The Market Management Branch shall aggregate and implement the reporting system as follows:

a) Weekly reports must be completed and submitted on Thursday of each week;

b) Monthly reports must be completed and submitted on the 24th day of each month;

c) Quarterly reports must be completed and submitted on the 24th day of the last month of each quarter;

d) Semi-annual reports must be completed and submitted on June 24;

đ) Annual reports must be completed and submitted on December 24;

e) Specialized reports and emergency reports must be completed within the time specified by the competent authority.

3. The Market Management Team shall aggregate and implement the reporting system as follows:

a) Weekly reports must be completed and submitted on Wednesday of each week;

b) Monthly reports must be completed and submitted on the 20th day of each month;

c) Quarterly reports must be completed and submitted on the 20th day of the last month of each quarter;

d) Semi-annual reports must be completed and submitted on June 20;

đ) Annual reports must be completed and submitted on December 20;

e) Specialized reports and emergency reports must be completed within the time specified by the competent authority.

Section 2

ELECTRONIC REPORTING SYSTEM

Article 8. Electronic Database of Market Management

1. The electronic database of market management is placed on the electronic reporting system of market management. The Director of the Market Management Department shall uniformly stipulate technical standards for the system.

2. The electronic database of market management includes:

a) A system of data related to administrative violations;

b) A system of data related to contraband goods and means of administrative violations;

c) A system of data related to administrative penalty enforcement;

d) A system of data related to inspection and supervision activities;

đ) A system of data related to area management;

e) A system of data related to market management officials' management.

3. Access rights and usage of the electronic database of market management shall be regulated by the Director of the Market Management Department within the electronic reporting system of market management.

Article 9. Data Updates and Electronic Consolidated Reports

1. The Market Management Department shall be responsible for transferring report data from Market Management Branches and subordinate units.

2. The Market Management Branch shall be responsible for updating and transferring report data from Market Management Teams and subordinate units.

3. The Market Management Team shall be responsible for updating its unit's data according to the model prescribed in the market management electronic reporting system.

4. Market management officials assigned tasks by authorized persons to update data for the market management electronic database shall do so in accordance with the guidance of the Market Management Department.

5. The model of electronic reports based on analysis of the market management electronic database shall be stipulated by the Director of the Market Management Department depending on the reporting period or market situation changes and at the request of the Minister of Industry and Trade.

Article 10. Time for Data Update and Transfer of Reporting Period Data

1. The data update related to reporting activities through the electronic reporting system of the Market Management Force must be carried out continuously and regularly.

2. The data update shall be conducted based on the principle that all activities arising during market inspection processes must be updated no later than 48 hours after their occurrence, except in cases of force majeure.

3. Time for transferring reporting period data:

a) Market Management Department:

- Weekly reports must have their data transferred at 15:00 on Fridays each week;

- Monthly reports must have their data transferred at 16:00 on the 20th day of each month;

- Quarterly reports must have their data transferred at 16:00 on the 20th day of the last month of each quarter;

- Semi-annual reports must have their data transferred at 16:00 on June 20;

- Annual reports must have their data transferred at 16:00 on December 20.

b) District Market Management Department:

- Weekly reports must have their data transferred at 11:00 on Wednesdays each week;

- Monthly reports must have their data transferred at 11:00 on the 20th day of each month;

- Quarterly reports must have their data transferred at 11:00 on the 20th day of the last month of each quarter;

- Semi-annual reports must have their data transferred at 11:00 on June 20;

- Annual reports must have their data transferred at 11:00 on December 20.

c) Market Management Team:

- Weekly reports must have their data transferred at 10:00 on Wednesdays each week;

- Monthly reports must have their data transferred at 10:00 on the 20th day of each month;

- Quarterly reports must have their data transferred at 10:00 on the 20th day of the last month of each quarter;

- Semi-annual reports must have their data transferred at 10:00 on June 20;

- Annual reports must have their data transferred at 10:00 on December 20.

Chapter III

IMPLEMENTATION

Article 11. Implementation Organization

1. Units within the Market Management Force shall assign civil servants or employees, either full-time or part-time, to perform the task of compiling reports and notify the Market Management Department of the list of civil servants responsible for compiling reports for easy coordination; organize the dissemination of this reporting information system to civil servants assigned tasks and relevant departments; specify individual responsibilities. The Market Management Department shall be responsible for guiding district departments to implement this information reporting system effectively, particularly the form of online reporting.

2. Units within the Market Management Force that strictly comply with this information reporting system will be eligible for commendation. Civil servants assigned the task of reporting must accurately follow the content requirements, prescribed forms, and reporting regulations set forth in this Circular. Failure to comply with or timely implementation of the information reporting system will serve as grounds for evaluating civil servants and annual performance reviews.

4. Civil servants assigned the task of reporting must be responsible for the accuracy and honesty of the data and information stated in the report; ensure the confidentiality of access information to the Market Management electronic reporting system; the reported data must be updated regularly and reflect the latest figures at the time of reporting.

5. The General Coordination and Interdepartmental Cooperation Office of the Market Management Department is the central unit for consolidating the results of reports submitted by units.

Article 12. Effective Date

1. This Circular takes effect from March 1, 2014, and replaces Decision No. 3480/QD-BCT dated July 9, 2009, issued by the Minister of Industry and Trade on the Regulations of Information Reporting System of Market Management.

2. During the implementation of this Circular, if any issues arise or difficulties occur, organizations and individuals should report them to the Market Management Department - Ministry of Industry and Trade for resolution./.