Circular No. 55/2020/TT-BCT dated December 31, 2020, of the Minister of Industry and Trade on the reporting regime of Market Management forces

CIRCULAR

Regulations on Reporting System of Market Management Forces

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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. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system of administrative agencies;

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

At the proposal of the Director of the General Department of Market Surveillance;

The Minister of Industry and Trade issues this Circular stipulating the reporting system of market management forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the reporting system of market management forces and the implementation of reporting systems issued by competent state agencies related to the functions, tasks, and powers of market management forces.

Article 2. Applicability

1. Market management force agencies and units at all levels.

2. Market management force civil servants and civil servants working at market management force agencies and units at all levels (hereinafter referred to as civil servants).

3. Organizations and individuals related to the reporting work of market management forces.

Article 3. Explanation of Terms

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

1. Periodic reports of market management forces are types of reports conducted by market management force agencies and units to meet the requirement for comprehensive information on the operational situation of market management forces and significant market changes during the reporting period, carried out according to a defined cycle and repeated multiple times within a year.

2. Special topic reports of market management forces are reports conducted by market management force agencies and units to meet the requirement for focused and specialized information on a specific issue related to the operational situation of market management forces and must be implemented one or more times within a specified time frame.

3. The electronic reporting system of market management forces (hereinafter referred to as the Electronic Reporting System) is an information infrastructure system for updating, accessing, analyzing, exploiting, managing, and using databases on the operational situation of market management forces.

4. The database of the Electronic Reporting System (hereinafter referred to as the Electronic Database) is a collection of data on the operational situation of market management forces compiled and systematically arranged according to a certain method to allow access, update, exploitation, management, and use through electronic means.

5. Data in the Electronic Database is information and data presented in the form of tables, symbols, writing, numerals, images, sounds, or similar forms.

6. Electronic documents of the Electronic Reporting System are documents presented in the form of data messages.

Chapter II

REPORTING SYSTEM OF MARKET MANAGEMENT FORCES

Article 4. Types of Reports

1. Periodic reports include:

a) Internal periodic reports of market management forces: Weekly report; monthly report; first quarter report; mid-year report; third quarter report; annual report;

b) Periodic reports issued by competent state agencies with contents related to the functions, tasks, and powers of market management forces.

Article 5. Content of the Report

1. The contents of periodic reports stipulated in point a, Clause 1, Article 4 of this Circular shall be implemented according to the report templates from Appendix I to Appendix V attached to this Circular.

6. The format, technology, and style of electronic reporting documents must comply with the provisions of Government Decree No. 30/2020/NĐ-CP dated March 5, 2020 on archival work.

Article 6. Agencies and units responsible for reporting and agencies receiving reports

a) The Market Management Business Department under the Market Management Business Department shall report to the Market Management Business Department; Market Management Teams shall report to the Provincial Market Management Departments.

b) The Market Management Business Department, Provincial Market Management Departments shall report to the General Department of Market Management.

c) The General Department of Market Management shall report to the Ministry of Industry and Trade.

2. For regular reports as stipulated in point b, Clause 1, Article 4 of this Circular, market management agencies at all levels shall report according to the regulations issued by the agency promulgating the reporting system.

3. For special topic reports, market management agencies at all levels shall report according to the decision of the competent authority issuing the reporting system.

Article 7. Methods of Sending and Receiving Reports

1. Depending on actual conditions or at the request of the agency receiving the report, market management agencies at all levels shall send and receive regular reports as stipulated in point a, Clause 1, Article 4 of this Circular through one of the following methods:

a) Sending via the Electronic Document Management System and Operational Management System (address: http://office.dms.gov.vn);

b) Sending via the Email System;

c) Sending via the Electronic Reporting System;

d) Sending directly;

đ) Sending via fax;

e) Sending via postal service.

3. The method of sending and receiving reports for the reporting system as stipulated in point b, Clause 1, Article 4 of this Circular shall be implemented according to the regulations issued by the agency promulgating the reporting system.

Article 8. Time for Finalizing Data

1. The time for finalizing data for regular reports as stipulated in point a, Clause 1, Article 4 of this Circular shall be carried out as follows:

a) Weekly reports cover from Thursday of the previous week to Wednesday of the reporting week;

b) Monthly reports, quarterly reports (first quarter and third quarter), mid-year six-month reports, and annual reports shall be carried out according to the provisions of Article 12 of Decree No. 09/2019/NĐ-CP dated January 24, 2019, of the Government on the reporting system of administrative state agencies.

2. The time for finalizing data for regular reports as stipulated in point b, Clause 1, Article 4 of this Circular shall be carried out according to the regulations issued by the agency promulgating the reporting system.

3. The time for finalizing data for special topic reports shall be carried out according to the decision of the competent authority issuing the reporting system.

Article 9. Deadline for Submitting Reports

1. The deadline for submitting regular reports as stipulated in point a, Clause 1, Article 4 of this Circular shall be carried out as follows:

a) In the case stipulated in point a, Clause 1, Article 6:

- Weekly reports must be submitted by Wednesday of each week;

- Monthly reports must be submitted no later than the 17th day of each month;

- Quarterly reports (first quarter and third quarter) must be submitted no later than the 17th day of the last month of the reporting quarter;

- Mid-year six-month reports must be submitted no later than June 17th of each year;

- Annual reports must be submitted no later than December 17th of each year.

b) In the case stipulated in point b, Clause 1, Article 6:

- Weekly reports must be submitted by Thursday of each week;

- Monthly reports must be submitted no later than the 20th day of each month;

- Quarterly reports (first quarter and third quarter) must be submitted no later than the 20th day of the last month of the reporting quarter;

- Mid-year six-month reports must be submitted no later than June 20th of each year;

- Annual reports must be submitted no later than December 20th of each year.

c) In the case stipulated in point c, Clause 1, Article 6:

- Weekly reports must be submitted by Friday of each week;

- Monthly reports must be submitted no later than the 23rd day of each month;

- Quarterly reports (first quarter and third quarter) must be submitted no later than the 23rd day of the last month of the reporting quarter;

- Mid-year six-month reports must be submitted no later than June 23rd of each year;

- Annual reports must be submitted no later than December 23rd of each year.

2. The deadline for submitting regular reports as stipulated in point b, Clause 1, Article 4 of this Circular shall be carried out according to the regulations issued by the agency promulgating the reporting system.

3. The deadline for submitting special topic reports shall be carried out according to the decision of the competent authority issuing the reporting system.

Article 10. Electronic database of market management forces

1. The electronic database of market management forces shall be established, updated, exploited, managed, and utilized within the Electronic Reporting System.

4. Market management agencies at all levels and market management civil servants have the responsibility to update data in the Electronic Reporting System according to regulations.

Chapter III

IMPLEMENTATION

Article 11. Implementation Organization

1. Market management agencies at all levels have the responsibility to:

a) Appoint dedicated or concurrently assigned civil servants to implement the reporting system and compile reports;

b) Implement the reporting system strictly in accordance with this Circular and related regulations;

c) Disseminate the provisions of this Circular to civil servants and subordinate units.

2. Civil servants tasked with implementing the reporting system have the responsibility to:

a) Ensure the accuracy and truthfulness of figures, data, and information used in reports and within the Electronic Reporting System;

b) Safeguard the confidentiality of account access information to the Electronic Reporting System;

c) Comply with the content requirements, correct forms, and reporting systems stipulated in this Circular and related regulations;

d) Update figures, data, and report contents within the prescribed deadlines.

4. The General Director of the Market Management General Department has the responsibility to establish the Electronic Reporting System, build the electronic database, regulate the contents, information, data requirements, forms, and data in the Electronic Reporting System, and stipulate the organization and implementation of Article 10 of this Circular.

Article 12. Effective Date

1. This Circular takes effect from April 1, 2021, and replaces Circular No. 41/2013/TT-BCT dated December 31, 2013, issued by the Minister of Industry and Trade on the reporting system of market management.

 

 

 

Appendix I

(Annexed to Circular number 55/2020/TT-BCT dated December 31, 2020, issued by the Minister of Industry and Trade) 

Results of the operation of the market management force from .../.../... to .../.../... 

IGENERAL SITUATION

Reflecting the market situation, violations of laws within the scope of functions and tasks of the market management force in the assigned area during the week.

II. ACTIVITIES OF THE UNIT AND ACHIEVEMENTS

1. Activities carried out by the unit in the week (Notable activities regarding directives, management; legal education and publicity; cooperation with functional forces and relevant agencies)

2. Results of market inspection activities and handling of violations of laws within the scope of functions and tasks of the market management force

- Summary figures: number of inspections; number of cases handled; fines collected; value of infringing goods (if the administrative penalty authority is based on a different unit of measurement, the figures shall be compiled accordingly).

- Detailed figures reported through the Electronic Reporting System.

III. PLAN FOR NEXT WEEK'S WORK (if applicable)

IV. PROPOSALS AND PETITIONS (if applicable)

 

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Note:

(1) Name of the direct supervising agency (if applicable).

(2) Name of the agency/unit issuing the report.

(3) Abbreviation of the name of the agency/unit issuing the report.

(4) Place name.

(5) Abbreviation of the drafting unit and number of copies to be filed (if necessary).

(6) Typist code, number of copies to be reproduced and distributed (if necessary). 

Seal Registration Certificate

(Issued together with Circular No. 55/2020/TT-BCT dated December 31, 2020, issued by the Minister of Industry and Trade)

 

 

 

REPORT

Results of the operation of the market management force in month ... year ... and authorities directions and tasks for month ... year ...

 

I. GENERAL SITUATION

1. Reflecting and analyzing the market situation (Assessment and analysis of negative and positive changes, increases and decreases in supply-demand conditions, prices of goods and services, especially essential items for production and consumption; new emerging issues and prominent problems in the area)

2. Reflecting and analyzing violations of laws within the scope of functions and tasks of the market management agency in the assigned area during the reporting month.

II. ACTIVITIES OF THE UNIT AND ACHIEVEMENTS

1. Activities carried out by the unit in the month (Notable activities regarding directives, management; legal education and publicity; training and guidance on skills and expertise; cooperation with functional forces and relevant agencies)

2. Results of market inspection activities and handling of violations of laws within the scope of functions, duties, and authorities of the market management force

- Summary figures: number of inspections; number of cases handled; fines collected; value of infringing goods (if the administrative penalty authority is based on a different unit of measurement, the figures shall be compiled accordingly).

- Detailed figures reported through the Electronic Reporting System.

3. Results of specialized inspection work

- Implementation of inspection campaigns;

- Inspection results: number of individuals and organizations in violation; Main contents of violations discovered through inspections; Total number of administrative penalty decisions issued; total amount of violations; amount of assets from violations processed; amount of funds recommended for recovery; amount of fines imposed for violations...;

- Results of implementing administrative penalty decisions and recovery actions.

4. Other work results (if any)

III. EVALUATION

- New policies and measures implemented by localities in market management activities (if any).

- Evaluation of activities carried out (based on comparison with the monthly work program, analyzing achievements, unachieved tasks; difficulties, obstacles, existing issues; objective and subjective reasons).

IV. DIRECTIONS AND TASKS

Propose directions and tasks for the next month (regarding propaganda, dissemination, education on laws, training, guidance on professional skills; other related tasks concerning the functions, duties, and powers of Market Management forces).

V. RECOMMENDATIONS (if any)

Recommendations to competent authorities regarding issues related to the activities of the agency or unit (if any).

Attached to this Report Annex - Typical cases of violations during the reporting period

Contents of the annex include: Name of violating organization or individual; Violating act: Form of punishment; amount of fine; Additional form of punishment (if any); Measures to remedy consequences (if any)...;

 

 

 

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Note:

(1)  Name of the directly managing authority (if any).

(2)  Name of the agency or unit issuing the report.

(3)  Abbreviation of the name of the agency or unit issuing the report.

(4)  Place name.

(5)  Abbreviation of the drafting unit and number of copies retained (if necessary).

(6)  Typing, duplication symbols and number of copies distributed (if necessary).

 

ANNEX III

(Annexed to Circular No. 55/2020/TT-BCT dated December 31, 2020 of the Minister of Industry and Trade)

 

 

 

REPORT

Results of the operation of Market Management forces in quarter ... year... and authorities directions, tasks ... last month of the year ...

 

I. GENERAL SITUATION

1. Reflecting and analyzing the market situation (Assessment and analysis of negative and positive changes, increases and decreases in supply-demand conditions, prices of goods and services, especially essential items for production and consumption; new emerging issues and significant fluctuations in the locality and in the first and third quarters).

2. Reflect and analyze the situation of law violations within the scope of functions and responsibilities of the Market Management agency or unit in the assigned area.

II. ACTIVITIES OF THE UNIT AND ACHIEVEMENTS

Provide an overall assessment and analysis of the implementation of market management tasks; impact on contributing to achieving economic and social goals of the locality and the common goals of the entire sector.

1. Task of inspecting and supervising the market

1.1. Directive and implementation of superior guidance documents, deployment of Market Management force tasks for the reporting period; advisory and standing committee work for the 389 Provincial Steering Committee.

1.2. Results of inspection and administrative penalty imposition:

1.2.1 Summary data on inspection and administrative penalty imposition for the reporting period (compared to the same period):

a) Number of inspections; number of cases handled (classified according to the jurisdiction of Market Management, jurisdiction of municipal people's committees at various levels, other agencies).

b) Amount of fines collected (classified as central budget contributions/local budget contributions).

c) Value of infringing goods generally (for assets where the basis for determining the administrative penalty jurisdiction is a different unit of measurement, the data should be compiled according to that unit).

d) Data on confiscated infringing assets and means classified according to the jurisdiction of Market Management, jurisdiction of municipal people's committees at various levels, other agencies, including:

+ Value of confiscated infringing assets and means transferred.

+ Value of confiscated infringing assets and means sold.

+ Value of confiscated infringing assets and means destroyed.

+ Estimated value of confiscated infringing assets and means awaiting processing.

For assets where the basis for determining the administrative penalty jurisdiction is a different unit of measurement, the data should be compiled according to that unit.

đ) Number of cases referred to judicial bodies for criminal prosecution: Number of cases prosecuted by judicial bodies; Number of cases returned for administrative penalty handling; number of cases under review.

1.2.2. Summary results of inspection and handling of certain groups of prominent infringing goods and common infringing acts in the locality.

1.2.3. Detailed data implemented through the Electronic Reporting System

2. Results of specialized inspection functions

- Implementation of inspection campaigns;

- Inspection results: number of individuals and organizations in violation; Main contents of violations discovered through inspections; Total number of administrative penalty decisions issued; total amount of violations; amount of assets from violations processed; Amount of funds recommended for recovery; Amount of fines imposed for violations...;

- Results of implementing administrative penalty decisions and recovery actions.

3. Results of cooperation with functional forces and relevant agencies

Number of cases where the Market Management agency or unit was the lead agency; Number of cases where the Market Management agency or unit was the supporting agency; Summary results of case handling.

4. Results of legal awareness raising, publicity, and communication activities

Forms of legal awareness raising, publicity, and communication; Implementation results: quantity (by form); number of people reached by legal awareness raising and publicity...

5. Handling complaints, accusations, internal inspections

Situation of receiving, classifying, and handling complaint and accusation letters; Results of resolving complaints and accusations within jurisdiction; Implementation and results of internal inspections.

6. Financial, accounting, asset management and utilization

- Allocated budget, implementation status; Asset management and utilization: Inventory, declaration, updating database on assets...

- Management and disposal of confiscated infringing goods and means.

7. Basic construction investment

- Number of projects under the medium-term investment plan, progress; Number of renovation and repair works in the year, progress...

- The situation regarding the management and use of office premises and rented facilities (if they arise during the reporting period).

8. Other results of work as required by the unit or requested by higher-level authorities and competent authorities (if applicable).

(Contents of the report to be implemented only within the internal organization of the Market Management Force or with permission from the competent authority: handling complaints, reports, internal inspections: financial and accounting work, property management and use: basic construction investment work and other internal affairs contents).

III. EVALUATION

- Analysis of the methods and tricks used by smugglers, producers, traders of fake goods, and commercial fraud; common product groups, fields, and violations on the local territory.

- Evaluation of strengths; weaknesses, remaining issues; objective and subjective causes.

IV. CHALLENGES, OBSTACLES, PROPOSALS, PETITIONS

1. Challenges and obstacles encountered in performing tasks.

2. Proposals for solutions to overcome challenges and obstacles.

VVI. DIRECTIONS AND TASKS

1. Forecast factors that may affect the market and activities of smugglers, producers, traders of fake goods, and commercial fraud.

2. Directions, tasks, and measures for the subsequent period.

Attached to this Report is an Appendix - Notable Violation Cases during the Reporting Period.

(The appendix includes: Name of violating organizations and individuals; Violating acts; Forms of punishment; Amount of fines; Goods, means of transportation involved in violation; Additional forms of punishment (if applicable); Measures to mitigate consequences (if applicable)...).

 

----------------------------

Note:

(1)  Name of the directly managing authority (if any).

(2)  Name of the agency or unit issuing the report.

(3)  Abbreviation of the name of the agency or unit issuing the report.

(4)  Place name.

(5)  Abbreviation of the drafting unit and number of copies retained (if necessary).

(6)  Typing, duplication symbols and number of copies distributed (if necessary). 

REGULATIONS ON THE CERTIFICATE DESIGN FOR OUTSTANDING RURAL INDUSTRIAL PRODUCTS

(Issued together with Circular No. 55/2020/TT-BCT dated December 31, 2020, by the Minister of Industry and Trade)

 

 

 

REPORT

Results of the Market Management Force's operations in the first six months of ... and directions and tasks for the last six months of ...

 

I. GENERAL SITUATION

1. Reflecting and analyzing the market situation (Assessment and analysis of negative and positive changes, increases and decreases in supply-demand situations, prices of goods and services, especially essential items for production and consumption; new emerging issues on the local territory and changes in the first six months).

2. Reflect and analyze the situation of law violations within the scope of functions and responsibilities of the Market Management agency or unit in the assigned area.

II. ACTIVITIES OF THE UNIT AND ACHIEVEMENTS

General evaluation and analysis of the implementation of market management tasks; impact on contributing to achieving socio-economic goals of the locality and overall industry goals.

1. Task of inspecting and supervising the market

1.1. Directive and implementation of superior guidance documents, deployment of Market Management force tasks for the reporting period; advisory and standing committee work for the 389 Provincial Steering Committee.

1.2. Results of inspection and administrative penalty imposition:

1.2.1. Summary of inspection and administrative penalty cases in the reporting period (compared to the same period):

a) Number of inspections; number of cases processed (classified according to the authority of the Market Management Force and the People's Committee at various levels).

b) Amount of fines collected (classified as central budget contributions/local budget contributions).

c) Value of infringing goods generally (for assets where the basis for determining the administrative penalty jurisdiction is a different unit of measurement, the data should be compiled according to that unit).

d) Data on seized assets and means of transportation involved in administrative violations (classified according to the authority of the Market Management Force and the People's Committee at various levels), including:

+ Value of confiscated infringing assets and means transferred.

+ Value of confiscated infringing assets and means sold.

+ Value of confiscated infringing assets and means destroyed.

+ Estimated value of confiscated infringing assets and means awaiting processing.

For assets where the basis for determining the administrative penalty jurisdiction is a different unit of measurement, the data should be compiled according to that unit.

đ) Number of cases transferred to judicial agencies for criminal prosecution: number of cases prosecuted by judicial agencies, number of cases returned for administrative penalties, number of cases under review.

1.2.2. Overview of inspection and handling results for certain prominent categories of goods and common types of violations on the local territory.

1.2.3. Detailed data from the Electronic Reporting System.

2. Results of specialized inspection functions.

- Implementation of inspection campaigns;

- Inspection results: Number of individuals and organizations found in violation; Main contents of violations discovered through inspections; Total number of administrative penalty decisions issued; total amount of fines; amount of confiscated assets; amount recommended for recovery; amount of fines imposed...;

- Results of implementing administrative penalty decisions and recovery actions.

3. Results of cooperation with functional forces.

Number of cases where the Market Management Force was the lead agency; the Market Management Force was a cooperating agency; Overview of case handling results.

4. Results of legal education and publicity.

Forms of legal awareness raising, publicity, and communication; Implementation results: quantity (by form); number of people reached by legal awareness raising and publicity...

5. Organizational, cadre, civil servant management, and training and development work.

Current staffing situation, current staff strength; leadership appointment and management work (if it occurs during the reporting period); Number of civil servants trained and developed; types of training and development...

6. Handling of complaints, reports, and internal inspections.

Situation of receiving, classifying, and handling complaint and accusation letters; Results of resolving complaints and accusations within jurisdiction; Implementation and results of internal inspections.

7. Financial, accounting, and property management and use work.

- Allocated budget, implementation status; Asset management and utilization: Inventory, declaration, updating database on assets...

- Management and disposal of confiscated infringing goods and means.

8. Basic construction investment work.

- Number of projects under the medium-term investment plan, progress; Number of renovation and repair works in the year, progress...

- The situation regarding the management and use of office premises and rented facilities (if they arise during the reporting period).

9. Other results of work as required by the unit or requested by higher-level authorities and competent authorities.

(Contents of the report to be implemented only within the internal organization of the Market Management Force or with permission from the competent authority: organizational, cadre, civil servant management, and training and development work; handling of complaints, reports, and internal inspections; financial, accounting, and property management and use work; basic construction investment work and other internal affairs contents).

III. EVALUATION

- Analysis of the methods and tricks used by smugglers, producers, traders of fake goods, and commercial fraud; common product groups, fields, and violations on the local territory.

- Evaluation of strengths; weaknesses, remaining issues; objective and subjective causes.

IV. CHALLENGES, OBSTACLES, PROPOSALS, PETITIONS

1. Challenges and obstacles encountered in performing tasks.

2. Proposals for solutions to overcome challenges and obstacles.

VVI. DIRECTIONS AND TASKS FOR THE LAST SIX MONTHS OF THE YEAR

1. Forecast factors that may affect the market and activities of smugglers, producers, traders of fake goods, and commercial fraud in the last six months of the year.

2. Directions, tasks, and measures for the last six months of the year.

Attached to this Report Annex - Typical cases of violations during the reporting period

Contents of the appendix include: Name of violating organizations and individuals; Violating acts; form of punishment; amount of fine; goods, means of transportation involved in violation; additional form of punishment (if applicable); measures to mitigate consequences (if applicable)...

 

 

 

---------------------

Note:

(1)  Name of the directly managing authority (if any).

(2)  Name of the agency or unit issuing the report.

(3)  Abbreviation of the name of the agency or unit issuing the report.

(4)  Place name.

(5)  Abbreviation of the drafting unit and number of copies retained (if necessary).

(6)  Typing, duplication symbols and number of copies distributed (if necessary).

 

Appendix V

(Issued together with Circular No. 55/2020/TT-BCT dated December 31, 2020, by the Minister of Industry and Trade)

 

 

 

REPORT

Results of the Market Management Force's operations in the year ... and directions and tasks for the year ...

 

I. GENERAL SITUATION

1. Reflecting and analyzing the market situation (Assessment and analysis of negative and positive changes, increases and decreases in supply-demand situations, prices of goods and services, especially essential items for production and consumption; new emerging issues on the local territory and changes in the year).

2. Reflect and analyze the situation of law violations within the scope of functions and tasks of the Market Management Force in the assigned area.

II. ACTIVITIES OF THE UNIT AND ACHIEVEMENTS

General evaluation and analysis of the implementation of market management tasks; impact on contributing to achieving socio-economic goals of the locality and overall industry goals.

1. Task of inspecting and supervising the market

1.1 Directive and operational work, implementation of superior directives, deployment of Market Management Force tasks in the reporting period; advisory and standing committee work of the 389 Provincial Steering Committee.

1.2. Results of inspection and administrative penalty imposition:

1.2.1. Summary of inspection and administrative penalty cases in the reporting period (compared to the same period):

a) Number of inspections; number of cases processed (classified according to the authority of the Market Management Force and the People's Committee at various levels).

b) Amount of fines collected (classified as central budget contributions/local budget contributions).

c) Value of infringing goods generally (for assets where the basis for determining the administrative penalty jurisdiction is a different unit of measurement, the data should be compiled according to that unit).

d) Data on seized assets and means of transportation involved in administrative violations (classified according to the authority of the Market Management Force and the People's Committee at various levels), including:

+ Value of confiscated infringing assets and means transferred.

+ Value of confiscated infringing assets and means sold.

+ Value of confiscated infringing assets and means destroyed.

+ Estimated value of confiscated infringing assets and means awaiting processing.

For assets where the basis for determining the administrative penalty jurisdiction is a different unit of measurement, the data should be compiled according to that unit.

đ) Number of cases transferred to judicial agencies for criminal prosecution: number of cases prosecuted by judicial agencies, number of cases returned for administrative penalties, number of cases under review.

1.2.2. Overview of inspection and handling results for certain prominent categories of goods and common types of violations on the local territory.

1.2.3. Detailed data implemented through the Electronic Reporting System

2. Results of specialized inspection functions.

- Implementation of inspection campaigns;

- Inspection results: number of individuals and organizations in violation; Main contents of violations discovered through inspections; Total number of administrative penalty decisions issued; total amount of fines; Amount of assets processed; Amount recommended for recovery; amount of fines...

- Results of implementing administrative penalty decisions and recovery actions.

3. Results of cooperation with functional forces.

Number of cases where the Market Management Force was the lead agency; the Market Management Force was a cooperating agency; Overview of case handling results.

4. Results of legal education and publicity.

Forms of legal awareness raising, publicity, and communication; Implementation results: quantity (by form); number of people reached by legal awareness raising and publicity...

5. Organizational, cadre, civil servant management, and training and development work.

Current staffing situation, current staff strength; leadership appointment and management work (if it occurs during the reporting period); Number of civil servants trained and developed; types of training and development...

6. Handling of complaints, reports, and internal inspections.

Situation of receiving, classifying, and handling complaint and accusation letters; Results of resolving complaints and accusations within jurisdiction; Implementation and results of internal inspections.

7. Competition, commendation, and disciplinary work

Implementation situation of competition activities of the agency or unit; Commendation titles and forms awarded to collectives and individuals; Disciplinary handling situation (if any occurred during the period)

8. Financial, accounting, and property management work.

- Allocated budget, implementation status; Asset management and utilization: Inventory, declaration, updating database on assets...

- Management and disposal of confiscated infringing goods and means.

9. Basic construction investment work.

- Number of projects under the medium-term investment plan, progress; Number of renovation and repair works in the year, progress...

- The situation regarding the management and use of office premises and rented facilities (if they arise during the reporting period).

10. Other work results as required by the unit or requested by the superior authority and competent authority.

(Contents of the report only to be implemented internally within the Market Management Agency or when authorized by the competent authority: organization, cadre work, civil servant management, and training and development work; complaint resolution, denunciation, internal inspection work; competition, commendation, and disciplinary work; financial, accounting, and property management work; basic construction investment work, and other internal affairs work.)

III. EVALUATION

- Analysis of the methods and tricks used by smugglers, producers, traders of fake goods, and commercial fraud; common product groups, fields, and violations on the local territory.

- Evaluation of strengths; weaknesses, remaining issues; objective and subjective causes.

IV. CHALLENGES, OBSTACLES, PROPOSALS, PETITIONS

1. Challenges and obstacles encountered in performing tasks.

2. Propose solutions to overcome difficulties and obstacles and suggest initiatives to improve the effectiveness of work.

V. DIRECTION AND TASKS FOR THE FOLLOWING YEAR

1. Forecast factors that may affect the market, smuggling activities, production and sale of counterfeit goods, and commercial fraud, as well as special characteristics of the region in the following year.

2. Direction, tasks, and measures for the following year.

Attached to this Report Annex - Typical cases of violations during the reporting period

Contents of the annex include: Name of violators; Violating acts; Form of punishment; Amount of fine; Goods, means of transportation in violation: Additional form of punishment (if any); Measures to remedy consequences (if any)...

 

 

 

­---------------------------

Note:

(1)  Name of the directly managing authority (if any).

(2)  Name of the agency or unit issuing the report.

(3)  Abbreviation of the name of the agency or unit issuing the report.

(4)  Place name.

(5)  Abbreviation of the drafting unit and number of copies retained (if necessary).

(6) Signature of typist, copies, and quantity of distribution (if necessary).

 

 

 

REPORT

Explanation and adoption of comments from the Legal Department's review on the draft Circular of the Ministry of Industry and Trade on the reporting system for market management forces

^__________

 

On December 25, 2020, the Legal Department issued Report No. 2205/PC-TH reviewing the Draft Circular of the Minister of Industry and Trade on the reporting system for market management forces (hereinafter referred to as the Draft Circular).

The Legal Department's review of the Draft Circular agrees with the necessity to issue the document to ensure compliance with practical requirements for the reporting system of market management forces. The content of the Draft Circular is consistent with the Party's guidelines and policies; ensures constitutional and legal validity and consistency with the current legal system, not contrary to international treaties relevant to which Vietnam is a member. The Draft Circular ensures feasibility, suitability to practical requirements, the level of social development, and sufficient conditions to implement.

The procedures and processes for drafting the document have been ensured in accordance with the Law on Issuing Legal Normative Documents 2015 and Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some provisions and implementation measures of the Law on Issuing Legal Normative Documents.

Regarding some comments from the Legal Department on the content of the Draft Circular in Report No. 2205/PC-TH, the Market Management Agency, the main drafting agency, hereby adopts and explains as follows:

1. On the scope of regulation (Article 1)

The Legal Department suggests reviewing the scope of regulation of this Circular regarding the reporting system within the market management forces (QLTT) or including reporting between the market management forces and other agencies (as the implementation of reporting systems established by other agencies has already been regulated in legal normative documents issued by those agencies).

Adopting the Legal Department's review comments, the Market Management Agency has reviewed and revised the draft as follows:

"This Circular regulates the reporting system of the market management forces and the implementation of reporting systems established by competent state authorities related to the functions, tasks, and powers of the market management forces."

2. On types of reports (Article 4)

The Legal Department suggests omitting certain reporting requirements in Appendix I for the weekly reporting system to reduce the reporting burden on the forces. Additionally, there should be a distinction between the requirement to complete the reporting forms prescribed in Appendix I and the requirement to update data and tables in the weekly electronic reporting system, as updating data on the electronic reporting system is quick and time-saving compared to reporting by paper.

Adopting the Legal Department's review comments, the Market Management Agency has revised the main content of Appendix I as follows:

“1. Activities carried out by the unit in the week (Highlighting prominent activities such as leadership guidance; legal education and publicity; coordination with functional forces and related agencies)

2. Results of market inspection activities and handling of violations within the scope of the market management forces' functions and tasks.

- Summary statistics: number of inspections; number of cases handled; amount of fines collected; value of contraband goods (if the basis for administrative penalty jurisdiction is a different unit of measurement, then statistics should be compiled according to that unit of measurement).

- Detailed statistics reported through the Electronic Reporting System."

3. On the content of the report (Article 5)

The Legal Department commented:

- Currently, the draft stipulates specialized report content but has the nature of an ad hoc report, requiring appropriate adjustments.

- In Clause 3, it is suggested to specify that for report content involving data and tables, the Director of the Market Management Agency shall issue templates and requirements based on needs and actual circumstances.

Adopting the Legal Department's review comments, the Market Management Agency has revised the Draft Circular as follows:

- Clause 2 Article 3: "A specialized report of the Market Management Force is a report conducted by market management agencies and units to meet the requirement for providing key and focused information on a specific issue related to the activities of the Market Management Force and must be carried out one or more times within a specified period."

- Clause 3 Article 5: "The content of the specialized report shall be decided by the Director General of the General Department of Market Management, the Director of the Business Affairs Department, the Director of the Provincial Market Management Department, or upon the request of the competent authority, depending on each specific specialized report."

- Clause 3 Article 5: "As for the content of the report which includes data, tables, and other reporting requirements not covered under Clause 1, 2, and 3 of this Article, the Director General of the General Department of Market Management shall issue templates for tables, data requirements, and reporting content on the Electronic Reporting System based on actual needs and circumstances."

4. Regarding the agencies and units sending and receiving reports and authorities methods of sending and receiving reports (Article 6)

The Legal Department commented:

- At point a Clause 1, it is proposed to clarify the regulation regarding the General Department of QLTT submitting reports electronically according to the prescribed format through the QLTT electronic reporting system to the Ministry of Industry and Trade and relevant agencies.

- It is proposed that the regulation on agencies and units sending and receiving reports under the regular reporting system at Clause 1 Article 6 should be directed as follows: For contents of reports following the prescribed formats from Appendix I to Appendix IV, market management agencies and units shall submit reports to their direct superior market management agencies; for contents of reports including tables and data, market management agencies and units shall submit reports via the QLTT electronic reporting system.

- In cases where the scope of application of the draft Circular includes the implementation of the reporting system of the QLTT with other agencies, it is suggested to supplement regulations on the agencies sending and receiving reports in these cases.

- It is proposed to specify the method of sending and receiving reports for each type of report in the regular reporting system (for example: the weekly reporting system is only implemented through email or the QLTT electronic reporting system). Additionally, for each type of report, the reporting entity should only implement one method of sending and receiving, and the reporting entity has the right to choose the reporting method.

- It is proposed to supplement provisions on the form, technical specifications, and format of the reporting document presented in an electronic format to ensure compliance with the Government's Decree No. 30/2020/NĐ-CP dated March 5, 2020, on archival work.

Incorporating the review comments, the General Department of Market Management has revised the draft Circular at Article 6 concerning the agencies and units implementing reports and the agencies receiving reports, and Article 7 concerning the methods of sending and receiving reports, in accordance with the suggestions of the Legal Affairs Department.

5. Regarding the procedures and timeframes for finalizing data and submitting reports (Article 7)

The Legal Department commented:

- Decree No. 81/2013/NĐ-CP dated July 19, 2013, of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations (amended by Decree No. 97/2017/NĐ-CP) stipulates the responsibility of Ministries and ministerial-level agencies in preparing semi-annual and annual reports on the enforcement of laws on handling administrative violations and submitting them to the Ministry of Justice for consolidation. To serve this reporting system, it is proposed to specify the timing for finalizing data (as well as the submission deadlines and content of the reports) for periodic reports on this subject matter in accordance with the Government's Decree detailing certain provisions. number Article and measures for implementing the Law on Administrative Violation Handling.

- Clause 2, Article 7: It is suggested to specify the deadline for submitting reports at Point b, Clause 2, Article 7 to ensure rationality and feasibility, as higher-level agencies need to base their reports on those from lower-level agencies.

Following the review comments of the Legal Affairs Department, the Market Management General Department has reviewed and adjusted the data closing time (Article 8 of the Draft Circular) and the report submission deadline (Article 9 of the Draft Circular) to comply with the provisions of Decree No. 09/2019/ND-CP (before December 25 each year, the Ministry reports to the Government and competent authorities).

Regarding the reporting system on monitoring the implementation of laws on administrative violation handling as stipulated in Decrees No. 81/2013/ND-CP and No. 97/2017/ND-CP, which have similar objectives and contents compared to the reporting requirements set out in the Draft Circular on inspection and administrative violation handling situations. The reported data will be digitized and meet the information extraction requirements at any time. Therefore, specifying the data closing time according to Decree No. 09/2019/ND-CP ensures the deadlines for most related agencies to receive reports from market management forces and adheres to the principle of legislative document issuance (Clause 3, Article 156). Additionally, the Draft Circular also provides for cases where periodic reports have different data closing times and reporting methods, they shall be implemented according to the regulations of the requesting agency.

6. On organization of implementation (Article 9)

The Legal Affairs Department suggests supplementing the provision assigning the Director of the Market Management General Department the responsibility to establish the Electronic Reporting System, build databases, and define the contents, information, data requirements, formats, and reporting methods within the Electronic Reporting System.

Following the review comments of the Legal Affairs Department, the Market Management General Department has adopted and revised the Draft Circular:

- "Article 10. Electronic database of market management forces

1.  The electronic database of market management forces is established, updated, utilized, managed, and used within the Electronic Reporting System.

2.  The content of reports, information, data, format, style, technology, and procedures for updating, accessing, utilizing, managing, and using the electronic database within the Electronic Reporting System are regulated by the Director of the Market Management General Department.

3.  Agencies and units responsible for reporting, agencies receiving reports, content, procedures, formalities, data closing times, deadlines for updating and submitting reports within the Electronic Reporting System are regulated by the Director of the Market Management General Department.

4.  Market management agencies at all levels and market management officials are responsible for updating data in the Electronic Reporting System in accordance with the regulations."

- Clause 3, Article 11: "The Director of the Market Management General Department is responsible for establishing the Electronic Reporting System, building the Electronic Database, defining the contents, information, data requirements, number formats, forms, and data within the Electronic Reporting System, and regulating the implementation of Article 10 of this Circular."

Above is the Report of the Market Management General Department on the consolidation and explanation of the adoption of the Legal Affairs Department's review comments on the Draft Circular of the Minister of Industry and Trade regarding the reporting system for market management forces./.

 

 

 

 

Dear Market Management General Department,

 

Pursuant to Circular No. 19/2018/TT-BCT dated July 19, 2018, issued by the Ministry of Industry and Trade on the formulation and promulgation of legal regulatory documents of the Ministry of Industry and Trade, the Legal Affairs Department has solicited opinions from the Ministry’s leadership (two leaders of the Ministry) on the Draft Circular on the reporting system for market management forces.

As of now, the Legal Affairs Department has received two out of two opinion sheets from the Ministry’s leadership (Minister, Deputy Minister Đặng Hoàng An).

Based on these opinion sheets, the Legal Affairs Department has summarized as follows:

I. Some specific contents requiring further opinions on the draft

The draft does not contain any remaining differing opinions.

II. Opinions (different) on the draft

There are no other opinions.

III. Voting on the entire draft content

Two votes passed.

The above is the summary of the opinion sheets from the Ministry’s leadership on the Draft Circular, sent to your unit for adoption and completion of the draft for submission to the leadership for signing and promulgation./.

 

 

 

 

 

OPINION SHEET OF MINISTRY LEADERSHIP

On the Draft Circular on the reporting system for market management forces

(Attached documents: Draft Resolution of the Minister, Draft Circular, Legal Affairs Department's review report, Adoption and Explanation of Review Comments of the Legal Affairs Department, Explanation and Adoption of Comments from Units)

 

Respectfully submitted to Deputy Minister Đặng Hoàng An

 

Main drafting unit: Market Management General Department

Date Legal Affairs Department submitted for opinion: 30/12/2020

I.  SOME SPECIFIC CONTENTS REQUIRING OPINIONS ON THE DRAFT

The draft does not contain any remaining differing opinions.

II. OPINIONS (DIFFERENT) ON THE DRAFT (if any)

..........................................................................................................................................

..........................................................................................................................................

..........................................................................................................................................

III. VOTING ON THE ENTIRE DRAFT CONTENT

(Mark X in one of the two boxes beside)

1. Pass (after incorporating the above opinions)                 þ

2. Not pass (specify reasons)                                             °

 

Hanoi, December 31, 2020

(Signature of Ministry Leadership)

 

 

 

 

 

OPINION SHEET OF MINISTRY LEADERSHIP

On the Draft Circular on the reporting system for market management forces

(Attached documents: Draft Resolution of the Minister, Draft Circular, Legal Affairs Department's review report, Adoption and Explanation of Review Comments of the Legal Affairs Department, Explanation and Adoption of Comments from Units)

 

Respectfully submitted to Minister Trần Tuấn Anh

 

Main drafting unit: Market Management General Department

Date Legal Affairs Department submitted for opinion: 30/12/2020

I. SOME SPECIFIC CONTENTS REQUIRING OPINIONS ON THE DRAFT

The draft does not contain any remaining differing opinions.

II. OPINIONS (DIFFERENT) ON THE DRAFT (if any)

..........................................................................................................................................

..........................................................................................................................................

..........................................................................................................................................

III. VOTING ON THE ENTIRE DRAFT CONTENT

(Mark X in one of the two boxes beside)

1. Pass (after incorporating the above opinions)                   þ

2. Not pass (state the reasons)                                              °

 

Hanoi, December 31, 2020

(Signature of Ministry Leadership)

 

 

 

 

REPORT ON REVIEW

Draft Circular on the reporting system for market management forces

^____________

Dear Market Management General Department,

 

Pursuant to Circular No. 19/2018/TT-BCT dated July 19, 2018 of the Ministry of Industry and Trade on the construction and issuance of legal documents by the Ministry of Industry and Trade, the Legal Department organized a review meeting "draft Circular on the reporting system for market management forces" with the participation of representatives from the Market Management General Department, the Hanoi Market Management Bureau, Thai Nguyen Market Management Bureau, Phu Tho Market Management Bureau, Vinh Phuc Market Management Bureau, the Ministry's Office, and the Planning Department.

After listening to the Report Presenter's presentation of the main contents of the draft and the opinions of the participants at the meeting, the chairperson of the meeting concluded the following points:

I. Some general issues

1. The necessity of issuing the document

Agreement on the necessity of constructing and issuing the Circular.

2. The consistency of the draft document's content with the Party's guidelines and policies and state policies

The content of the draft Circular is consistent with the Party's guidelines and policies.

3. The constitutionality, legality, and consistency of the draft document with the legal system and compatibility with relevant international treaties to which Vietnam is a party

The draft Circular ensures constitutionality, legality, and consistency with the current legal system and does not conflict with relevant international treaties.

4. Conditions ensuring human resources and financial resources to ensure implementation of the document

The draft Circular basically ensures feasibility, suitability with practical requirements, the level of social development, and sufficient conditions for implementation.

5. Language, technique, and procedures for drafting the document

The procedures for drafting the document have been ensured in accordance with the legal provisions on the issuance of legal documents. However, it is necessary to review and revise the drafting techniques and format of the document according to the regulations.

II. On some specific contents

1. Regarding the scope of regulation (Article 1)

It is suggested to review again the scope of regulation of the Circular regarding the reporting system within the market management force or including reporting between the market management force and other agencies (as the implementation of reporting systems established by other agencies has already been regulated in legal documents issued by those agencies).

2. Regarding types of reports (Article 4)

It is suggested to reduce the content required for weekly reporting in Appendix I to lighten the reporting burden on the force. Additionally, there should be a distinction between the requirements for implementing the reporting content specified in Appendix I and the requirement to update data and tables in the weekly electronic reporting system, as updating data on the electronic reporting system is quick and time-saving, rather than having to perform many procedures to report in writing.

3. On the content of the report (Article 5)

Currently, the draft specifies the content of special reports but they have the nature of ad hoc reports, requiring appropriate adjustments.

At Clause 3, it is suggested to specify that for the content of reports consisting of data and tables, the Director-General of the Market Management General Department shall issue templates and requirements for data and information based on needs and actual circumstances.

4. Regarding the agencies and units sending and receiving reports and methods of sending and receiving reports (Article 6)

- At Point a Clause 1, it is suggested to clarify the provision on the Market Management General Department sending reports electronically through the market management electronic reporting system to the Ministry of Industry and Trade and related agencies.

- It is suggested to specify the agencies and units sending and receiving reports in the regular reporting system under Clause 1 Article 6 in the direction that for the content of reports specified from Appendix I to Appendix IV, market management agencies and units shall report and send to their direct superior agencies; for the content of reports consisting of tables and data, market management agencies and units shall report on the market management electronic reporting system.

- In case the scope of regulation of the draft Circular includes the implementation of the reporting system between the market management force and other agencies, it is suggested to study supplementing the provisions on the agencies sending and receiving reports in these cases.

- It is suggested to specify the methods of sending and receiving reports for each type of report in the regular reporting system (for example, the weekly reporting system only implements through email or the market management electronic reporting system). Additionally, for each type of report, only one method of sending and receiving should be implemented, allowing the reporting subject to choose the method of sending the report.

- It is suggested to supplement the provisions on the form, technique, and format of the electronic report document to comply with the provisions of Government Decree No. 30/2020/NĐ-CP dated March 5, 2020 on archival work.

5. Regarding the procedures and deadlines for finalizing data and submitting reports (Article 7)

- Government Decree No. 81/2013/NĐ-CP dated July 19, 2013 on detailed provisions and implementation measures of the Law on Handling Administrative Violations (amended and supplemented by Government Decree No. 97/2017/NĐ-CP) stipulates the responsibility of ministries and ministerial-level agencies in building semi-annual and annual reports on the implementation of laws on handling administrative violations and submitting them to the Ministry of Justice for consolidation. To serve this reporting system, it is suggested to specify the deadline for finalizing data (and also the submission deadline and content of the report) for regular reports on this content in accordance with the guidance of the Government Decree detailing certain provisions and implementation measures of the Law on Handling Administrative Violations.

- Clause 2, Article 7: It is suggested to specify the deadline for submitting reports at Point b, Clause 2, Article 7 to ensure rationality and feasibility, as higher-level agencies need to base their reports on those from lower-level agencies.

6. Regarding implementation organization (Article 9)

It is proposed to supplement the provision entrusting the Director of the General Department of Market Management with the responsibility for establishing the Electronic Reporting System, building the database, and specifying the contents, information, data requirements, and forms within the Electronic Reporting System.

The above is the Legal Affairs Department's review opinion on the draft Circular. We request your unit to study, adopt, and perfect the draft dossier to proceed with the necessary procedures to submit it to the Ministry's leadership for comments and then to the Minister for consideration and issuance.