Thông tư 54/2020/TT-BCT sửa đổi Thông tư 18/2019/TT-BCT hoạt động của Quản lý thị trường

• Số hiệu: 54/2020/TT-BCT
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Công thương
• Người ký: Trần Tuấn Anh
• Ngày ban hành: 31/12/2020

MINISTRY OF INDUSTRY AND TRADE -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 54/2020/TT-BCT	Hanoi, December 31, 2020

CIRCULAR

AMENDING SOME ARTICLES OF CIRCULAR NO. 18/2019/TT-BCT DATED SEPTEMBER 30, 2019 BY MINISTER OF INDUSTRY AND TRADE ON OFFICIAL BUSINESS OF MARKET SURVEILLANCE FORCES AND CIRCULAR NO. 20/2019/TT-BCT DATED OCTOBER 30, 2019 BY MINISTER OF INDUSTRY AND TRADE ON INTERNAL INSPECTION OF REGULATORY COMPLIANCE IN OFFICIAL BUSINESS OF MARKET SURVEILLANCE FORCES

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

Pursuant to the Ordinance on Market Surveillance dated March 08, 2016;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions, duties, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 148/2016/ND-CP dated November 04, 2016 elaborating some Articles of Ordinance on Market Surveillance; and the Government’s Decree No. 78/2019/ND-CP dated October 14, 2019 amending some Articles of Government’s Decree No. 148/2016/ND-CP dated November 04, 2016 elaborating some Articles of Ordinance on Market Surveillance;

Pursuant to the Government’s Decree No. 81/2013/ND-CP dated July 19, 2013 elaborating some Articles and enforcement of the Law on Handling Administrative Violations; and Government’s Decree No. 97/2017/ND-CP dated August 18, 2017 amending some Articles of Government's Decree No. 81/2013/ND-CP dated July 19, 2013 elaborating some Articles and enforcement of the Law on Handling Administrative Violations;

Pursuant to the Government's Decree No. 19/2020/ND-CP dated February 12, 2020 on inspection and sanctioning of violations arising from enforcement of laws on administrative penalties;

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Pursuant to the Prime Minister’s Decision No. 34/2018/QD-TTg dated August 10, 2018 on functions, duties, powers and organizational structure of Vietnam Directorate of Market Surveillance;  

At the request of the General Director of Vietnam Directorate of Market Surveillance;

The Minister of Industry and Trade hereby promulgates a Circular amending some Articles of Circular No. 18/2019/TT-BCT dated September 30, 2019 by Minister of Industry and Trade on official business of market surveillance forces and Circular No. 20/2019/TT-BCT dated October 30, 2019 by Minister of Industry and Trade on internal inspection of regulatory compliance in official business of market surveillance forces.

Article 1. Amendments to some Articles of Circular No. 18/2019/TT-BCT dated September 30, 2019 by Minister of Industry and Trade on official business of market surveillance forces

1. Point c Clause 1 Article 1 is amended as follows:

 “c) Responsibility of officials in leadership and management positions (hereinafter referred to as “leading officials”) for violations against regulations of law arising from official business of market surveillance forces.”

2. Article 2 is amended as follows:

“Article 2. Definitions

1. “lack of responsibility” refers to situations where officials fail to fulfill their assigned duties properly, adequately or in accordance with relevant regulations of law when they are on specific official business.

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3. Clause 3 Article 4 is amended as follows:

 “3. Official business carried out outside of workplaces of officials working for market surveillance teams affiliated to provincial market surveillance departments and market surveillance operations departments and other officials assigned the official business mentioned in Points e, h, i, k, l and m Clause 2 Article 4 of this Circular must be recorded into work log books as per the law. Regulations on issuance and use of work log books are as follows:

a) Vietnam Directorate of Market Surveillance (hereinafter referred to as “Directorate”) shall obtain work log books using annually allocated funding via the concentrated procurement strategy and assign management of work log book issuance;

b) Heads of market surveillance authorities and units using work log books shall directly keep, manage and record into work log books in their workplaces or assign these tasks to subordinate officials as prescribed by law;

c) Market surveillance teams managing multiple districts or having at least two workplaces may use multiple work log books concurrently but no more than one work log book for each district or workplace.”

4. Article 6 is amended as follows:

“Article 6. Prohibited acts

1. Prohibited acts concerning official business morals, communication culture and administrative discipline in official business:

a) Failure to comply with regulations and rules of their workplaces; absence from work without legitimate reason;

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c) Consumption of alcohol or stimulants immediately before or during working hours and during breaks or alcohol or stimulant intoxication during official business; smoking in non-smoking areas;

d) Having inappropriate acts, gestures and attitude, or verbal violence affecting the reputation and honor of individuals, organizations or the workplace and coworkers during official business;

dd) Failure to process, advise on or promulgate documents resolving benefit-related issues promptly, which affects lawful goods circulation or other legitimate rights and interests of organizations and individuals;

e) Failure to receive or process information or letters from organizations and individuals properly;

g) Failure to report properly, adequately or honestly to competent persons when assigned official business;

h) Failure to keep, manage and record into work log books properly;

i) Failure to manage and use combat gears properly.

2. Prohibited acts concerning regulations of law on corruption prevention:

a) Use of public property, public finance and public equipment for personal purpose or out of selfish interest;

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c) Abusing positions or powers to demand or receive money or property from organizations and individuals subject to inspection or penalties for administrative violations;

d) Improper fine collection out of selfish interest; embezzlement, appropriation, allowing loss and improper use of administrative fines, exhibits and seized or confiscated means of administrative violations;

dd) Other prohibited acts according to regulations of law on corruption prevention.

3. Prohibited acts concerning inspection, handling of administrative violations and professional measures of market surveillance forces:

a) Loose management and lack of responsibility in giving direction and adopting professional measures intra vires;

b) Ultra vires promulgation of documents providing for administrative violations, and handling competence and procedures, penalties and remedial measures for each administrative violation against state management regulations;

c) Improper promulgation of conditions, requirements and procedures for formulation of orientations of inspection programs and plans for inspection, information receipt and processing, specialized inspection and handling of administrative violations;

d) Promulgation of specialized inspection decisions, inspection decisions and decisions on handling of administrative violations without sufficient grounds or ultra vires;

dd) Failure to implement instructional documents, inspection plans and decisions on specialized inspection, inspection and handling of administrative violations by competent persons properly or adequately;

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g) Printing or organizing printing of and issuing decision and record forms improperly; exchanging, buying, selling, renting or borrowing pre-printed decision and record forms used for inspection and handling of administrative violations without permission; using or filling out record and decision forms improperly when formulating case files for inspection and handling of administrative violations; losing or damaging pre-printed record and decision forms used for inspection and handling of administrative violations issued;

h) Forgery or falsification of case files for inspection and handling of administrative violations;

i) Failure to advise on or promulgate decisions to impose administrative penalty with sufficient evidence or decisions to impose administrative penalty and remedial measure promptly, honestly, intra vires, following proper procedures and involving relevant persons as per the law;

k) Failure to impose administrative penalties and failure to impose remedial measures upon organizations and individuals committing administrative violations per the law properly or adequately for administrative violations prescribed by law;

l) Retaining violation cases with criminal signs to handle as administrative violations;

m) Unlawfully interfering in inspection and handling of administrative violations; using one’s power to influence persons performing inspections or handling administrative violations; tolerating, covering up or limiting rights of organizations and individuals subject to inspections or handling of administrative violations;

n) Failure to monitor, expedite or inspect compliance with decisions to impose administrative penalty of individuals and organizations subject to such penalties; and adoption of remedial measures by individuals and organizations;

o) Failure to adopt internal inspection conclusions and conclusions of inspections of enforcement of laws on administrative penalties properly or adequately; lack of responsibility in giving direction for adoption of internal inspection conclusions and conclusions of inspections of enforcement of laws on administrative penalties;

p) Failure to handle complaints and denunciations concerning inspection and handling of administrative violations properly or promptly.

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a) Speaking about or providing the press with inaccurate information on inspection and handling of administrative violations when there is no official written conclusion from competent authorities and persons according to regulations of law;

b) Deliberately speaking about or providing the press with or posting on social networks inaccurate information with the aim of distorting the nature or image of official business of market surveillance forces;

c) Speaking about or providing information for the press on behalf of market surveillance authorities when not assigned this task according to regulations; speaking about or providing information for the press against procedures provided for by regulations of law on speech and provision of information to the press of administrative agencies;

d) Unlawful disclosure of information related to state secrets; use of information and documents related to state secrets and work secrets to inform or advise other organizations and individuals unlawfully or make complaints or denunciations unlawfully to harm internal solidarity or damage the reputation of regulatory bodies, organizations and individuals.

5. Other prohibited acts concerning official business according to regulations of law on officials and public employees and other relevant laws.”.

5. Clause 3 Article 7 is amended as follows:

“3. Competent persons of market surveillance authorities have the power to decide imposition of the preventive measures mentioned in Clause 2 herein upon officials committing the violations mentioned in Clause 5 Article 6 of this Circular as prescribed by relevant law.”

6. Points b and c Clause 3 Article 8 are amended as follows:

 “b) Imposition of the preventive measures mentioned in Points a and b Clause 2 Article 7 of this Circular must be recorded in writing. These records shall be retained in workplaces of persons competent in imposing the measures. Imposition of the measures mentioned in Points c, d and dd Clause 2 Article 7 of this Circular require written decisions from competent persons;

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7. Clause 2 Article 12 is amended as follows:

 “2. Responsibility of leading officials shall be considered according to regulations of law on responsibility of heads of state agencies and state-owned organizations and units for performance of duties and official business and other relevant laws."

8. Article 15 is amended as follows:

“Article 15. Rules for commendation for groups and individuals affiliated to market surveillance authorities having achievements in official business

Commendation shall be carried out in compliance with Clause 2 Article 6 of the 2003 Law on Emulation and Commendation (amended in 2013); Article 3 of the Government’s Decree No.  91/2017/ND-CP dated July 31, 2017 elaborating some Articles of the Law on Emulation and Commendation; Clauses 3, 5, 6, 9 and 10 Article 2 of Circular No. 12/2019/TT-BNV dated November 04, 2019 by the Minister of Home Affairs elaborating some Articles of the Government’s Decree No.  91/2017/ND-CP dated July 31, 2017 elaborating some Articles of the Law on Emulation and Commendation.”

9. Article 16 is amended as follows:

“Article 16. Commendation for groups and individuals affiliated to market surveillance authorities having achievements in official business

Commendation forms, recipients and standards; competence in deciding and awarding; commendation applications; state management of emulation and commendation; emulation - commendation councils; retention of commendation dossiers; emulation and commendation funds; title revocation and recovery; and rights and obligations of individuals and groups in relation to commendation are provided for in Circular No. 40/2019/TT-BCT dated December 10, 2019 by the Minister of Industry and Trade provide guidelines for emulation and commendation in industry and trade sector.”

10. Articles 10, 11, 13 and 14 are annulled.

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1. Clause 1a is added after Clause 1 Article 1 as follows:

 “1a. Internal inspection mentioned in Clause 1 herein does not pertain to inspection of enforcement of laws on administrative penalties according to regulations of the Government’s Decree No. 19/2020/ND-CP dated February 12, 2020 on inspection and sanctioning of violations arising from enforcement of laws on administrative penalties.”

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

“c) When performing simplified inspections of official business morals, communication culture and administrative discipline or regulatory compliance of market surveillance authorities, units and/or officials at the specialized inspection site and taking professional measures (hereinafter referred to as “simplified inspections”).”

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

 “c) Implementation of regulations of law on inspection and adoption of professional measures of market surveillance forces;

d) Compliance with regulations of law on official business morals, communication culture and administrative discipline;

e) Performance of other official business of market surveillance authorities and officials per the law and besides the cases mentioned in Clause 1a Article 1 of this Circular.”

4. Article 8 is amended as follows:

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1. Number of internal inspections per year:

a) For regular internal inspection: no more than once a year for one provincial market surveillance authority and equivalent; and no more than twice a year for one market surveillance team and equivalent;

b) Number of ad hoc internal inspections per year for every market surveillance official, authority and unit is unlimited.

2. Time limit for one on-site regular internal inspection:

a) An internal inspection of the Directorate shall not last for more than 07 working days; for complicated cases and cases in remote, isolated or mountainous areas, on islands or in hard to access areas, this time limit may be extended for no more than 05 working days;

b) An internal inspection of the provincial authority shall not last for more than 05 working days; for complicated cases and cases in remote, isolated or mountainous areas, on islands or in hard to access areas, this time limit may be extended for no more than 03 working days.

3. Time limit for one on-site ad hoc internal inspection:

a) Time limit for one ad hoc internal inspection in the case mentioned in Point a or b Clause 2 Article 5 of this Circular is provided for in Clause 2 of this Article;

b) An on-site simplified inspection in the case mentioned in Point c Clause 2 Article 5 of this Circular shall last for no more than 03 working hours. In case an official is found committing or having just committed a violation against the law but has not managed to remove the traces, this time limit may be extended for no more than 02 working days.

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5. Extension of on-site internal inspections according to regulations in Clause 2 and Point a Clause 3 herein shall be decided by persons issuing the inspection decision in writing. Heads of inspection teams have the power to decide extension of on-site inspections in the case mentioned in Point b Clause 3 herein and must include the reason for such extension in the inspection record.".

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

 "a) Heads of inspection teams must be officials holding the rank of market controller or equivalent or higher and meet the requirements in Point b herein;”

6. Clause 1 Article 20 is amended as follows:

 “1. Within 10 working days, starting from the date of receipt of the internal inspection conclusion, inspected market surveillance authorities and officials shall:

a) Promptly and adequately adopt propositions in the inspection conclusion; immediately take measures to rectify violations;

b) Take actions against officials committing violations against the law (if any) intra vires or propose such actions to competent authorities for consideration;

c) Report results of adoption of the inspection conclusion to heads of supervisory bodies and persons competent in issuing the inspection conclusion.”.

Article 3. Effect and implementing responsibility

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2. Heads of relevant affiliates of the Ministry of Industry and Trade and relevant organizations and individuals shall implement this Circular.

3. Any difficulty arising during the implementation of this Circular should be promptly reported to the Ministry of Industry and Trade (Vietnam Directorate of Market Surveillance) for consideration, guidance and resolution./.

THE MINISTER




Tran Tuan Anh