Circular No. 54/2020/TT-BCT amends Circular No. 18/2019/TT-BCT on the activities of the Market Management force and Circular No. 20/2019/TT-BCT on internal inspection of compliance with laws in the performance of official duties by the Market Management force, issued by the Ministry of Industry and Trade.

CIRCULAR

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE CIRCULAR NO. 18/2019/TT-BCT DATED SEPTEMBER 30, 2019 ISSUED BY THE MINISTER OF INDUSTRY AND TRADE ON THE PUBLIC SERVICE ACTIVITIES OF MARKET MANAGEMENT FORCES AND CIRCULAR NO. 20/2019/TT-BCT DATED OCTOBER 30, 2019 ISSUED BY THE MINISTER OF INDUSTRY AND TRADE ON INTERNAL AUDIT OF LEGAL COMPLIANCE IN PUBLIC SERVICE ACTIVITIES OF MARKET MANAGEMENT FORCES

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

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

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;

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

Camendn cứ Decree 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations; This Circular applies to individuals who have worked at the Ministry of Justice, Provincial Legal Departments, and relevant agencies and organizations that perform tasks within one of the fields listed in Article 3 of this Circular after ceasing to hold their positions. Decree No. 97/2017/NĐ-CP dated August 18, 2017 of of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Offenses the Government amending and supplementing certain provisions of Decree No.No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain measures for implementing the Law on Handling Administrative Violations;

CamendPursuant to Decree No. 19/2020/NĐ-CP dated 1February 2, 2020 of the Government on inspection, handling disciplinary actions in the enforcement of laws and regulations,amendand administrative violations discipline in enforcing laws and regulationson handling administrative violations;

WHEREAS,ứ Government Decree No. 112/2020/NĐ-CP dated September 18, 2020 of the Government on handlingintention disciplinary actions against civil servants, public officials, and employeesngPursuant to Decision No.;

Camend34/2018/QNo. Đ-TG datedAugust 8, 2018 of the Prime Minister stipulating 10 ENVIRONMENTJune 2024;functions , tasksand limitations and organizational, Sports.onstructure of the General Department of Market Regulation the proposal of the General Department of Market Regulation school;

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on General Department of Director Market Regulationn lFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. reason Ministry of Industry and Trade issues this Circular;

Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: amending certain provisions of the Circular 19/2019/TT-BCT dated September 30, 2019 issued by the Minister of Industry and Trade stipulating on the public service activities of market management forces and Circular No. 20/2019/TT-BCT dated October 30, 2019 issued by The Minister of National Defense promulgates this Circular on classification of technical specialties; quality assessment and recognition of medical examination and treatment facilities; registration and transfer of patients among medical examination and treatment facilities under the Ministry of National Defense. the Minister of Industry and Trade stipulating internal audit of legal compliance in public service activities of market management forces.ng18/2019/TT-BCT dated September 30, 2019 issued by the Minister of Industry and Trade stipulating on the public service activities of market management forcesNo. 18/201Point c Clause 1 Article 1 is amended as follows:in“c) The responsibility system of civil servants holding leadership positions (hereinafter referred to as leading civil servants) for violations of law in public service activities of market management forces;"on Article 2 is amended as follows: động Negligence means the failure of a civil servant to perform or perform inadequately their assigned duties or fail to comply with relevant legal provisions while carrying out specific public service activities. Oversight laxityof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsmeans the failure of a leading civil servant to perform or perform inadequately their assigned functions, tasks, and authorities; organize timely and adequate implementation of legal provisions and directives from higher-level agencies; lack leadership, guidance, urging, supervision, and control measures over the performance of public service activities by civil servants and market management agencies under their jurisdiction; fail to take necessary measures to prevent, deter, or limit the consequences of violations caused by civil servants and market management agencies under their jurisdiction; discover violations but handle them leniently or report them untimely to those with authority."

Article 1. Amending and supplementing certain provisions of Circular number

1. "3. Public service activities carried out outside the office premises of civil servants working at Market Management Teams under provincial Market Management Departments, business units under the Central Market Management Business Department, and other civil servants assigned to carry out public service activities as specified in points e, h, i, k, l, and m Clause 2 Article 4 of this Circular must be recorded in the Work Diary according to regulations. The issuance and use of the Work Diary shall be implemented as follows:

a) The General Department of Market Regulation (hereinafter referred to as the General Department) shall centrally purchase from the annual allocated budget and manage the distribution of the Work Diaries;

2. b) The head of the market management agency or unit shall directly use the Work Diary or assign civil servants within the agency or unit to keep, manage, and record the Work Diary at the workplace according to regulations;

"Article 2. Interpretation of Terms

1. c) Market Management Teams operating across multiple counties or having two or more workplaces shall simultaneously use multiple Work Diaries; at each county or workplace of the Market Management Team, no more than one (1) Work Diary shall be used concurrently." is the act of a civil servant not performing or performing incorrectly or incompletely the duties assigned to them or performing contrary to the relevant laws while carrying out specific public service activities.

2. Neglecting management is the act of a leading civil servant not performing or performing incorrectly or incompletely the functions, duties, and powers assigned to them; organizing implementation untimely, incorrectly, or incompletely according to the laws and directives from higher-level agencies; lacking policies, measures for leadership, direction, urging, inspection, supervision, and control over the performance of public service activities of civil servants and market management agencies under their jurisdiction; failing to implement necessary measures to prevent, deter, or limit the consequences of violations caused by civil servants and market management agencies under their jurisdiction; discovering violations but handling them leniently or reporting them untimely to those with authority.

3. Clause 3 of Article 4 is amended and supplemented as follows:

"3. Public service activities carried out outside the office premises of civil servants working at Market Management Teams under provincial Market Management Bureaus, business units under the National Market Management Service Bureau, and other civil servants assigned to perform public service activities as specified in Points e, h, i, k, l, and m of Clause 2 of this Circular must be recorded in the Work Diary as prescribed. The issuance and use of the Work Diary shall be implemented as follows:

a) The General Department of Market Management (hereinafter referred to as the General Department) shall centrally purchase from the annual budget allocated and distribute the management and issuance of the Work Diaries;

b) The head of the Market Management agency or unit shall directly use the Work Diary or assign civil servants within the agency or unit to keep, manage, and record the Work Diary at the workplace as prescribed;

c) Market Management Teams spanning multiple counties or having two or more workplaces may simultaneously use multiple Work Diaries; at each county or workplace of a Market Management Team, no more than one Work Diary may be used concurrently."

4. Article 6 is amended and supplemented as follows:

"Article 6. Matters that civil servants shall not engage in during official duties

1. Matters that civil servants shall not engage in related to official ethics, communication culture, administrative discipline in official activities:

a) Not complying with regulations and internal rules of the agency or unit; arbitrarily taking leave without a legitimate reason;

b) Not using or improperly using uniforms, signs, insignias, flags, and emblems of market management forces as prescribed;

c) Consuming alcohol, beer, or stimulants immediately before, during working hours, or during breaks within working hours, or while performing official duties in a state of intoxication from alcohol, beer, or stimulants; smoking at locations where smoking is prohibited;

d) Engaging in inappropriate behavior, gestures, attitudes, insulting, or defaming individuals, organizations, agencies, units, or colleagues, thereby affecting their reputation and honor during official activities;

đ) Not resolving or not advising on issuing documents to respond to regulations and policies within the prescribed time frame, thereby affecting the lawful circulation of goods or other legitimate rights and interests of organizations and individuals;

e) Not implementing or improperly receiving and processing information or complaints from organizations and individuals as prescribed;

g) Not reporting or reporting inaccurately or untruthfully to those authorized when assigned to perform official duties;

h) Not implementing or improperly maintaining records and managing work diaries as prescribed;

i) Improperly managing or using support tools as prescribed.

2. Matters that civil servants shall not engage in related to laws on preventing and combating corruption:

a) Using public assets, public finances, and public equipment for personal purposes or for profit;

b) Advising, approving, or issuing plans for specialized inspections and audits for profit motives or contrary to directives from competent authorities;

c) Misusing positions and powers to extort, demand, or accept money or property from inspected or audited organizations or individuals or those subject to administrative violations;

d) Collecting fines improperly for profit motives; misappropriating, embezzling, causing losses, or using improperly funds collected from administrative violations, contraband items, or seized vehicles according to the law;

đ) Other matters that civil servants shall not engage in as prescribed by laws on preventing and combating corruption.

3. Matters that civil servants shall not engage in related to inspection, supervision, handling of administrative violations, and implementation of business measures by market management forces:

a) Loosening control, being irresponsible in directing, managing, and implementing business measures according to assigned functions and tasks;

b) Issuing documents beyond authority regarding acts of administrative violations, jurisdiction, procedures, forms of penalties, and measures to mitigate consequences for each act of administrative violation in the field of state administration;

c) Issuing conditions, requirements, and procedures inconsistent with the law in formulating guidance programs, inspection plans, receiving and processing information, specialized inspections, supervising, and handling administrative violations;

d) Issuing decisions on specialized inspections, inspection decisions, and decisions on handling administrative violations without sufficient grounds, beyond authority, or outside assigned tasks;

đ) Not implementing or improperly implementing directives, inspection plans, specialized inspection decisions, inspection decisions, and administrative violation handling decisions issued by authorized persons;

e) Not implementing or improperly implementing laws in specialized inspections, supervisions, and implementing business measures, thereby affecting the lawful circulation of goods or other legitimate rights and interests of organizations and individuals;

g) Printing, organizing printing, and distributing decision forms and minutes not in accordance with regulations; arbitrarily exchanging, buying, borrowing pre-printed decision forms and minutes for use in inspections and administrative violation handling; improperly using or recording pre-printed decision forms and minutes when establishing inspection and administrative violation handling case files; losing or damaging pre-printed decision forms and minutes for use in inspections and administrative violation handling that have been distributed;

h) Falsifying or altering inspection and administrative violation handling case files;

i) Advising or issuing administrative violation penalty decisions without sufficient evidence proving the violation or issuing penalty decisions and applying remedial measures untimely, not strictly, beyond authority, procedures, or targets as prescribed by law;

k) Not penalizing administrative violations or applying remedial measures against violators as prescribed by law or imposing incorrect or incomplete penalty forms, amounts, or remedial measures for administrative violations as prescribed by law;

l) Retaining cases with criminal indications for administrative violation handling;

m) Illegally interfering with inspection, supervision, and administrative violation handling activities; exploiting influence to affect inspectors, supervisors, or administrative violation handlers; tolerating, covering up, or restricting the rights of inspected, supervised, or administratively violated organizations or individuals;

n) Not monitoring, urging, or inspecting compliance with administrative violation penalty decisions by individuals or organizations penalized; the execution of remedial measures by individuals or organizations;

o) Not implementing or incompletely or inaccurately implementing internal inspection conclusions or conclusions on the enforcement of laws on administrative violation handling; being irresponsible in directing the implementation of internal inspection conclusions or conclusions on the enforcement of laws on administrative violation handling;

p) Not resolving or not promptly resolving complaints or reports in inspection, supervision, and administrative violation handling.

4. Matters that civil servants shall not engage in related to public speaking, providing information, and protecting state secrets:

a) Making statements or providing to the press inaccurate, untruthful information related to the content of inspections, examinations, administrative violation handling before there is an official written conclusion by the competent authority as prescribed by law;

b) Intentionally making statements or providing to the press, posting on social media false information aimed at distorting, defaming the nature and image of the official activities of market management forces;

c) Acting on behalf of the market management agency to make statements or provide information to the press without being assigned the task of making statements according to regulations; making statements or providing information to the press not in accordance with the prescribed procedures and formalities under the law on making statements and providing information to the press for state administrative agencies;

d) Illegally disclosing information related to state secrets; using information, documents related to state secrets, work secrets to provide or advise illegally to other organizations or individuals or to file complaints or denunciations contrary to the law, causing internal disunity, affecting the reputation of agencies, organizations, and individuals;

5. Other actions not allowed during official duties as prescribed by laws on civil servants and public officials and other relevant laws.";

5. Clause 3 of Article 7 is amended as follows:

"3. In cases where civil servants commit the acts prescribed in Clause 5 of Article 6 of this Circular, the authorized person of the market management agency shall base their decision on the relevant laws to apply the preventive measures prescribed in Clause 2 of this Article;"

6. Point b and point c of Clause 3 of Article 8 are amended and supplemented as follows:

"b) The application of preventive measures prescribed in points a and b of Clause 2 of Article 7 of this Circular must be recorded in writing and kept at the agency of the person authorized to apply preventive measures. The application of measures prescribed in points c, d, and đ of Clause 2 of Article 7 of this Circular must be reflected in a decision by the authorized person;

c) The decision to apply preventive measures by the authorized person must be sent to the higher-level market management agency for reporting and to relevant agencies, organizations, and individuals for coordination in implementation;"

7. Clause 2 of Article 12 is amended as follows:

"2. The principle of considering responsibility of leading civil servants shall be implemented according to the provisions of the law on accountability for heads of state agencies, organizations, units in performing tasks and official duties and other relevant laws;"

8. Article 15 is amended as follows:

"Article 15. Principles of rewarding collective and individual units of the market management agency with achievements in official duties

The principles of rewarding shall be carried out according to Clause 2 of Article 6 of the Law on Competition and Rewards 2003 (amended and supplemented in 2013); Article 3 of Decree No. 91/2017/ND-CP dated July 31, 2017 of the Government detailing certain provisions of the Law on Competition and Rewards; Clause 3, Clause 5, Clause 6, Clause 9, and Clause 10 of Article 2 of Circular No. 12/2019/TT-BNV dated November 4, 2019 of the Minister of Home Affairs detailing certain provisions of Decree No. 91/2017/ND-CP dated July 31, 2017 of the Government detailing certain provisions of the Law on Competition and Rewards."

9. Article 16 is amended as follows:

"Article 16. Commendation work for collectives and individuals of Market Management agencies with achievements in public service activities

Forms, subjects, standards for commendation; decision-making and award-granting authorities; examination files for commendation; state management of competition and reward work; Competition and Reward Council; storage of commendation files; competition and reward fund; revocation and restoration of titles; rights and obligations of individuals and collectives in commendation work shall be implemented in accordance with Circular No. 40/2019/TT-BCT dated December 10, 2019, issued by the Minister of Industry and Trade to guide the implementation of competition and reward work in the industry and trade sector."

10. Repeal Article 10, Article 11, Article 13, and Article 14.

Article 2. Amending and supplementing certain articles of Circular No.

1. Supplement Clause 1a following Clause 1 of Article 1 as follows:

"1a. The internal inspection activities prescribed in Clause 1 of this Article do not include inspections of the enforcement of administrative violation handling laws as stipulated in Decree No. 19/2020/NĐ-CP dated February 12, 2020, of the Government on inspection and disciplinary action in the enforcement of laws on administrative violation handling."

2. Point c of Clause 2 of Article 5 is amended as follows:

"c) When conducting quick inspections on professional ethics, communication culture, administrative discipline, or compliance with laws of market management agencies, officials at the place where the inspection or specialized audit is being conducted and implementing operational measures (hereinafter referred to as quick inspections)."

3. Point c, point d, and point e of Clause 1 of Article 6 are amended as follows:

"c) Inspect the implementation of legal provisions regarding specialized inspection and audit activities and operational measures of market management forces;"

d) Inspect compliance with legal provisions on professional ethics, communication culture, and administrative discipline;"

e) Inspect other public service activities of agencies and market management officials as stipulated by law and not falling under the cases specified in Clause 1a of Article 1 of this Circular."

4. Article 8 is amended as follows:

"Article 8. Number of internal inspections in a year and time for conducting internal inspections

1. Number of internal inspections in a year:

a) Regular internal inspections shall not exceed one (1) inspection per year for each Bureau and equivalent; not more than two (2) inspections per year for each Market Management Team and equivalent;

b) There is no limit to the number of unscheduled internal inspections for a market management official, agency, or unit in a year.

2. Direct time for conducting a regular internal inspection at the inspected location:

a) The direct time for a General Administration's internal inspection shall not exceed seven (7) working days; in complex cases, in remote, mountainous, island, or difficult-to-reach areas, the inspection time may be extended but not exceeding five (5) working days;

b) The direct time for a Bureau's internal inspection shall not exceed five (5) working days; in complex cases, in remote, mountainous, island, or difficult-to-reach areas, the inspection time may be extended but not exceeding three (3) working days.

3. Direct time for conducting an unscheduled internal inspection at the inspected location:

a) The direct time for an unscheduled internal inspection as prescribed in points a or b of Clause 2 of Article 5 of this Circular shall be carried out in accordance with Clause 2 of this Article;

b) The direct time for a quick inspection as prescribed in point c of Clause 2 of Article 5 of this Circular shall not exceed three (3) hours of work. In case of discovering an official committing or just having committed a violation of law but has not yet erased evidence, the direct inspection time may be extended but not exceeding two (2) working days.

4. The direct time for conducting internal inspections is calculated from the date of announcing the internal inspection decision to the end of the direct internal inspection at the inspected location.

5. The extension of the direct time for conducting an internal inspection as stipulated in Clause 2 and point a of Clause 3 of this Article shall be decided in writing by the person deciding on the inspection. The Head of the Inspection Team decides on extending the direct inspection time for the cases stipulated in point b of Clause 3 of this Article and must clearly record the reason for extending the inspection time in the inspection report."

5. Point a of Clause 2 of Article 11 is amended as follows:

"a) The Head of the Inspection Team must be a market control officer or equivalent rank and meet the requirements stipulated in point b of this clause;"

6. Clause 1 of Article 20 is amended and supplemented as follows:

"1. Within ten (10) working days from the date of receipt of the internal inspection conclusion, the market management official or agency subject to internal inspection shall have the responsibility:

a) To promptly and fully implement the contents of recommendations stated in the inspection conclusion; immediately take corrective and remedial measures;

b) To examine and handle according to their authority or recommend the competent authority to examine and handle the case of officials violating the law (if any);

c) Report the results of implementing the inspection conclusion to the head of the higher-level state management agency and the authority issuing the inspection conclusion."

Article 3. Effectiveness and Implementation

1. This Circular takes effect from February 15, 2021.

2. Heads of agencies and units under the Ministry of Industry and Trade and related organizations and individuals are responsible for implementing this Circular.

3. During the implementation process, if there are difficulties or obstacles, organizations and individuals should promptly reflect them to the Ministry of Industry and Trade (General Administration of Market Management) for review, guidance, and resolution./.

Place of Receipt:
- Prime Minister, Deputy Prime Ministers;
- Office of the President; National Assembly Office;
- Ministries, agencies equivalent to ministries, and government agencies;
- People's Committees of provinces and centrally-administered cities;
- Supreme People's Procuracy;
- Supreme People's Court;
- State Audit Agency;
- Official Gazette;
- Government website, Ministry of Industry and Trade website;
- Minister, Deputy Ministers, Departments, Bureaus under the Ministry of Industry and Trade;
- State Council for Education and Human Resource Development;
- Market Management Bureaus of provinces and centrally-administered cities;
- File: VT, TCQLTT (05).