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THE
MINISTRY OF TRADE - THE GOVERNMENT PRICING COMMITTEE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
24/2001/TTLT-BTM-BVGCP
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Hanoi,
October 16, 2001
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JOINT CIRCULAR
GUIDING THE EXAMINATION
AND INSPECTION OF THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO.
44/2000/ND-CP OF SEPTEMBER 1, 2000 ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN
THE FIELD OF PRICE
Pursuant to the July 6, 1995 Administrative
Violation Handling Ordinance’s Article 33 on the Market Management Agency’s
competence to handle administrative violations and Article 34 on the
Specialized Inspectorate’s competence to handle administrative violations;
Pursuant to Decision No. 137/HDBT of April 27, 1992 of the Council of Ministers
(now the Government) on price control;
Pursuant to the Government’s Decree No. 44/2000/ND/CP of September 1, 2000
on sanctioning administrative violations in the field of price;
Pursuant to the Government’s Decree No. 01/CP of January 3, 1996 on sanctioning
administrative violations in the field of trade;
Pursuant to the Prime Minister’s Document No. 696/CP-KTTH of August 2, 2000
assigning the Market Management Force to exercise the functions and tasks of
the Specialized Trade Inspectorate,
The Ministry of Trade and the Government Pricing Committee hereby agree to
guide the coordination of activities of examination, inspection and handling of
administrative violations in the field of price between the Market Management
Agency and the Price Inspectorate as follows:
I. GENERAL PROVISIONS
1. The coordination of price examination and
inspection activities between the Market Management Agency and the Price
Inspectorate is included in the examination and inspection plan already
approved by the competent authorities.
2. The Market Management Agency and the Price
Inspectorate shall organize examinations and inspections in the following
cases:
a/ Under the decisions of the People’s
Committees of the same level or the superior Market Management bodies or Price
Inspectorates;
b/ Their management expertise is needed for the
examination and inspection contents;
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II. OBJECTIVES AND REQUIREMENTS
1. Objectives:
To effect the State-controlled market mechanism
in the field of price, to protect the legitimate interests of manufacturers,
traders, consumers and the State; to contribute to production development, the
stabilization of market prices and people’s life.
2. Requirements:
- To conduct examinations and inspections within
the right scope, of the right objects, with key contents and focal points,
without causing troubles and/or obstacles to production and business
activities; to overcome overlapped examinations and inspections.
- To examine, inspect and strictly handle acts
of law offenses in the field of price. In the course of examination, inspection
and handling, the process, procedures and competence must be strictly complied
with as prescribed by law; to effectively prevent acts of violation in the
field of price.
- To combine examinations, inspections and
violation handling with propagation and education so that the manufacturers and
traders can abide by the State’s regulations on price management with full
consciousness.
III. EXAMINATION OBJECTS AND CONTENTS
1. Objects:
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1.2. Foreign organizations and individuals
engaged in the activities of producing and/or trading in goods and/or providing
commercial services on the Vietnamese territory, except otherwise provided for by
the international treaties which Vietnam has signed or acceded to.
2. Contents:
The Market Management Agency and the Price
Inspectorate shall coordinate with each other in examining, inspecting and
handling acts of violation regarding:
2.1. Price listing as prescribed;
2.2. Observance of price brackets and levels set
by the competent bodies;
2.3. Taking advantages of natural calamities or
other particularly difficult circumstances of the society to increase or
depress prices, thus causing damage to production and consumers;
2.4. Falsely declaring purchasing or selling
prices of goods and/or services and other relevant factors in order to shirk
the payment of the payable amounts as prescribed for the price policy
implementation;
2.5. Observance of the regulations on goods sale
promotion prices, and commercial services in the sale promotion period.
IV. IMPLEMENTATION ORGANIZATION
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1.1. Exchange of price-related information: the
State’s price policies, market price fluctuation,…
1.2. Organization of forces conducting
examinations, inspections, detection and handling of administrative violations
in the field of price according to the Government’s Decree No. 44/2000/ND-CP of
September 1, 2000 and the Government Pricing Committee’s Circular No.
04/2000/TT-BVGCP of November 15, 2000 guiding the implementation thereof.
2. Responsibilities:
2.1. The Market Management Agency and the Price
Inspectorate shall have to organize the examination and inspection forces to
provide information on specific matters in the field of price control (the
central and local authorities’ price policies, price decisions relating to the
price-control field) in service of the examination, inspection, detection and
handling of administrative violations in the field of price.
2.2. When detecting acts of violation in the
field of price, the Market Management Agency may request the Price
Inspectorate, and vice versa, the Price Inspectorate may request the Market
Management Agency (at both central and local levels) to organize examinations,
inspections and handling of violations; the requested bodies shall have to
coordinate according to their respective functions, tasks and powers.
2.3. In the course of examination and inspection
coordination, if any agency is assigned the prime responsibility, it shall
issue the handling decisions and bear responsibility before law for its
decisions.
2.4. The management and use of fines against the
administrative violations in the field of price shall comply with Joint
Circular No. 16/2001/TTLT/BTC-BVGCP of March 21, 2001 of the Finance Ministry
and the Government Pricing Committee.
2.5. Annually, the Market Management Agency and
the Price Inspectorate (at central and local levels) should make preliminary
and sum-up reviews of the implementation of this Joint Circular in order to
bring into play the strengths and overcome the weaknesses.
3. Implementation duration:
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FOR THE MINISTER OF TRADE
VICE MINISTER
Ho Huan Nghiem
FOR THE DIRECTOR OF THE
GOVERNMENT PRICING COMMITTEE
DEPUTY DIRECTOR
Nguyen Ngoc Vinh