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THE MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 45/2025/TT-BCT

Hanoi, July 15, 2025

 

CIRCULAR

AMENDING SOME ARTICLE OF CIRCULARS OF THE MINISTER OF INDUSTRY AND TRADE RELATED TO MARKET SURVEILLANCE

Pursuant to the Ordinance on Market surveillance dated March 8, 2016;

Pursuant to Decree No. 33/2022/ND-CP dated May 27, 2022 of the Government elaborating the Ordinance on Market surveillance;

Pursuant to Decree No. 40/2025/ND-CP dated February 26, 2025, of the Government on the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the request of Director General of the Department of Domestic Market Surveillance and Development;

The Minister of Industry and Trade hereby issues a Circular amending some articles of the Circulars of the Minister of Industry and Trade related to market surveillance.

Article 1. Amendments to Circular No. 33/2018/TT-BCT dated October 8, 2018 of the Minister of Industry and Trade regulating market inspection cards

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 “5. The Sub-departments of Market surveillance of the Departments of Industry and Trade of provinces and centrally affiliated cities (hereinafter referred to as the “Sub-departments of Market surveillance”) shall directly monitor and manage the use of Cards by officers under their management. The Department of Market surveillance of the Ministry of Industry and Trade shall monitor and manage the use of the Cards by market surveillance officers nationwide.”.

2. Amendments to clause 1 and clause 3 of Article 4:

a) Amendment to clause 1 of Article 4:

“1. The card is a rectangular plastic card, 53,98mm wide, 85,6mm long, 0,76mm thick, with four rounded corners with a radius of 3,18mm”.

b) Amendment to clause 3 of Article 4:

“3. The agency seal affixed to the Card is specified as follows:

a) For cards prescribed in point a of clause 2 of this Article: Image of the signature of the Card issuer and image of the seal of the Ministry of Industry and Trade;

b) For cards prescribed in point b of clause 2 of this Article: image of the signature of the Card issuer and image of the seal of the Department of Domestic Market Surveillance and Development.”

3. Amendments to point c and point d of clause 2 of Article 5:

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d) 02 (two) color photos sized 03cm x 04cm of the officer in the list of applicants where he/she is photographed wearing a long-sleeved shirt, a kepi cap for men and a soft hat for women, a tie, and full Market Surveillance badge and rank. The photo must be taken for no more than 1 year till the date of preparation of the application;”.

4. Amendments to point c of clause 2, clause 3, and clause 6 of Article 6:

a) Amendment to point c of clause 2:

“c) An officer’s application form for the re-issuance of a card by using the form given in the Appendix No. 2 attached hereto;”;

b) Amendment to clause 3:

“3. For cases of re-issuance of cards prescribed in point c of clause 1 of Article 14 of the Ordinance on Market Surveillance, the application must be submitted to the Department of Domestic Market Surveillance and Development at least 30 days prior to expiration. For cases of re-issuance of cards prescribed in point a, point b and point d of clause 1 of Article 14 of the Ordinance on Market Surveillance, the application must be submitted to the Department of Domestic Market Surveillance and Development within 20 working days after the date on which cases of re-issuance of cards arise.

The Department of Domestic Market Surveillance and Development shall accept such applications and report to competent person for review and handling in accordance with clause 4 of this Article.”.

c) Amendment to clause 5:

“5. The market surveillance officer must give back the old card upon receipt of the new one, except in case of loss.

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The delivery of the new Card and the destruction of the old Card must be recorded in a minute signed by the officer who is reissued the Card, the representative of the agency or unit delivering and receiving the Card. Such minute shall be sent to the Department of Industry and Trade where such officer works and the Department of Domestic Market surveillance and Development for reporting.”.

5. Amendment to Article 7:

“Article 7. Documentation, procedures for revocation of cards

1. The application for revocation of the Card includes:

a) List of officers having their card revoked using the form given in the Appendix No.3 attached hereto;

b) Documents or papers related to cases of card revocation, which are prescribed in clause 1 of Article 15 of the Ordinance on Market Surveillance.

2. Within 05 working days after the date of identification of cases in which it is established that an officer is subject to the card revocation as prescribed in clause 1 of Article 15 of the Ordinance on Market Surveillance, the Sub-department of Market surveillance or the Heads of affiliates of the Department of Domestic Market Surveillance and Development where such officer work shall send an application for card revocation to the competent person for review and approval.

If the officer whose Card is revoked is the head or deputy head of the Department of Domestic Market surveillance and Development, the Department of Domestic Market surveillance and Development is responsible for preparing an application for revoking his/her Card and sending it to the Minister of Industry and Trade for review and approval.

3. If the Market Surveillance authority or unit fails to comply with the request for revocation of cards as prescribed in clause 2 of this Article, the competent person shall carry out such action when there are enough grounds to determine that the officer is subject to having his/her Card revoked in according with clause 1 of Article 15 of the Ordinance on Market Surveillance.

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5. Within 05 working days of receipt of the decision on card revocation, the officer whose Card is revoked shall return the Card to the Market Surveillance authority or unit where he/she works. Such Card shall then be disposed of in accordance with clause 6 of this Article.

6. The Market Surveillance unit shall receive the revoked card specified in clause 5 of this Article and organize the destruction of the old Card by cutting the Card in half diagonally. The destruction of a revoked Card must be recorded in a minute signed by the officer whose Card is revoked and the representative of the Market surveillance authority or unit receiving the revoked Card. Such minute shall be sent to the Department of Industry and Trade where such officer works and the Department of Domestic Market surveillance and Development for reporting.”.

6. Amendments to clause 2, clause 3, clause 4, and clause 6 of Article 8:

Within 05 working days after the date of identification of cases in which it is established that an officer is subject to the card suspension as prescribed in clause 2 of Article 15 of the Ordinance on Market Surveillance, the Sub-department of Market surveillance or the Heads of affiliates of the Department of Domestic Market Surveillance and Development where such officer work shall send an application for card suspension to the competent person for review and approval.

If the officer whose card are suspended is the head or deputy head of the Department of Domestic Market surveillance and Development, the Department of Domestic Market surveillance and Development is responsible for preparing an application for card suspension and sending it to the Minister of Industry and Trade for review and approval.

3. If the Market Surveillance authority or unit fails to comply with the request for card suspension as prescribed in clause 2 of this Article, the competent person shall carry out such action when there are enough grounds to determine that the officer is subject to having his/her Card suspended in according with clause 2 of Article 15 of the Ordinance on Market Surveillance.

4. Within 05 working days of receipt of all required and valid documents, the competent person shall issue the decision on card suspension.

5. Within 05 working days after the date of receipt of the decision on card suspension by the competent person in accordance with clause 4 of this Article, the officer whose Cards are suspended shall send his/her Card to the Market Surveillance Department or the Department of Domestic Market Surveillance and Development where the he/she works for storage and handling as prescribed.”.

7. Amendment to Article 9:

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1. Heads of Sub-departments of Market surveillance, heads of affiliates of the Department of Domestic Market Surveillance and Development shall:

a) Promptly prepare the list of applicants and send their applications to the Director of the Department of Domestic Market Surveillance and Development for initial issuance, re-issuance, revocation and suspension of cards held by officers under their management; ensure the validity and completeness of the application for initial issuance, re-issuance, revocation, and suspension of Card; promptly review and propose Card issuance for qualified officers;

b) Comply with the procedures for the revocation, suspension of Cards, storage, and return of Cards that have been suspended when the suspension period expires; open registers to track the management, issuance, first issuance, reissuance, revocation, suspension of Cards, and return of Cards that have been suspended within the scope of their management;

c) Monitor and inspect the storage and use of Cards by officers under their management. Conduct periodic inspections of Cards issued to officers in their unit every 3 months and report the inspection results to the immediate superior Department of Industry and Trade and the Department of Domestic Market Surveillance and Development;

d) Send petitions to competent persons for review and approval of revocation, suspension of Cards upon detecting violations committed by on-duty market surveillance officers or when such Cards are use for the wrong purpose or in other cases as prescribed;

đ) Implement or request the competent authority to make decisions on rotation, reassignment, assignment, or arrangement of officers holding Cards between units within the organizational structure according to law or hierarchy/authorization to serve market inspection and control work;

e) Report to the Department of Industry and Trade and the Department of Domestic Market Surveillance and Development on the management and use of Cards within their unit as prescribed.

2. Chairpersons of People's Committees of provinces and centrally affiliated cities shall

a) Monitor, supervise and inspect the affiliated Sub-departments of Market surveillance in the implementation of the management and use of Cards by Market surveillance officers according to the law;

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3. Director of Department of Domestic Market Surveillance and Development shall:

a) Be accountable to the Minister of Industry and Trade for unified management of Cards issued to Market surveillance officers as prescribed herein;

b) Direct and organize the storage of applications for initial issuance, reissuance, revocation, and suspension of Cards according to laws on archives;

c) Monitor, supervise, inspect, summarize the implementation of this Circular and report to the Minister of Industry and Trade as prescribed;

d) Submit petitions, proposals of amendments to this Circular to the Minister of Industry and Trade when necessary.”/

8. Clause 7; Clause 8 of Article 3; Clause 6 of Article 8 are annulled.

9. The phrase "Vietnam Directorate of Market Surveillance" is replaced with the phrase "Department of Domestic Market Surveillance and Development" in Clause 3 of Article 11.

10. Appendix No. 1, Appendix No. 2, Appendix No. 3, Appendix No. 4 and Appendix No. 5 issued with Circular No. 33/2018/TT-BCT are replaced with Appendix No. 1, Appendix No. 2, Appendix No. 3, Appendix No. 4 and Appendix No. 5 issued with this Circular.

Article 1. Amendments to Circular No. 27/2020/TT-BCT dated September 30, 2020 of the Minister of Industry and Trade on contents of and procedures for inspection of administrative violations and actions taken and practices performed by market surveillance authorities which is amended by Circular No. 20/2021/TT-BCT dated December 10, 2021 of the Minister of Industry and Trade.

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“Article 4. Inspection program orientation

1. Inspection program orientation is a document which determines general orientation about purposes, requirements, entities to be inspected or fields or places to be inspected concerning the planned inspection in 01 (one) year of the market surveillance authorities, approved by the Minister of Industry and Trade at the request of the Department of Domestic Market Surveillance and Development.

2. According to the market situation, market surveillance requirements or written direction of the Government, the Prime Minister, the Minister of Industry and Trade or the competent authority, the Department of Domestic Market Surveillance and Development (hereinafter referred to as Department) shall formulate an inspection program orientation for the subsequent year and submit to the Minister of Industry and Trade for approval before November 15th.

3. The inspection program orientation shall be forwarded to relevant agencies for cooperation; to People's Committees of provinces, centrally affiliated cities, affiliated Sub-departments of Market surveillance of Department of Industry and Trade (hereinafter referred to as Sub-departments of Market surveillance) for implementation; be posted on the websites of the Department and the Ministry of Industry and Trade.

4. Where the approved inspection program orientation requires amendments, the Department shall report and seek a decision from the Minister of Industry and Trade. A decision on amendments to the inspection program orientation shall be forwarded to the agencies, units and be posted on the websites as specified in clause 3 hereof.”.

2. Amendment to title of clause 1 of Article 5:

“1. The inspection plan of Market Surveillance Operations Department Division of the Department (hereinafter referred to as Operations Division) and the Sub-department of Market surveillance consists of:

3. Amendment to Article 6:

“Article 6. Formulation, approval and issuance of inspection plan

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a) According to the market situation and market surveillance requirements in the local area and approved inspection program orientation and at the request of the Head of the competent superior state regulatory authority, before December 15 each year, the Operations Division shall formulate their periodic inspection plan of next year and send it to the Head of the Department of Domestic Market Surveillance and Development (hereinafter referred to as Director) for review and approval; The Sub-department of Market Surveillance shall formulate their periodic inspection plan of next year and send it to the Chairperson of the People's Committee of the province or centrally affiliated city.

 The application includes: A written request for the competent authority’s approval of the periodic inspection plan and draft decision approving the periodic inspection plan with the draft periodic inspection plan of the Operations Division or Sub-department of Market surveillance attached;

b) Within 7 working days from the date of receiving the application stipulated in point a of this clause, the competent authority shall review and approve the periodic inspection plan of the Operations Division/Sub-department of Market surveillance;

c) Immediately after issuance, the decision approving the periodic inspection plan of the Operations Division/Sub-department of Market surveillance must be sent to the inspected organizations and individuals, publicly posted at the unit’s offices, and uploaded on the authority’s website (if any)

2. The formulation, issuance of thematic inspection plans by the Operations Division and Sub-department of Market surveillance shall be implemented as follows:

a) Based on written directives from the competent superior authority or depending on market developments that give rise to issues, fields, content, and local areas requiring focused inspection at certain times, which are not covered by the issued periodic inspection plan, the Operations Division/Sub-department of Market surveillance shall proactively formulate and decide to issue thematic inspection plans;

b) Immediately after issuance, the decision approving the thematic inspection plan of the Operations Division/Sub-department of Market surveillance must be sent to the inspected organizations and individuals, publicly posted at the unit’s offices, and uploaded on the authority’s website (if any).

3. The formulation, approval and issuance of thematic inspection plan of Market surveillance team:

a) Based on the provisions of Clause 3 of Article 5 hereof, the Leader of the Market surveillance team shall proactively develop the thematic inspection plan of the Team and submit it to the Head of the superior Sub-department of Market surveillance for approval.

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b) Within 05 working days from the date of receiving the application stipulated in point a of this clause, the head of the Sub-department of Market surveillance shall review and approve the thematic inspection plan of their subordinate Market surveillance team;

c) Immediately after issuance, the decision approving the thematic inspection plan of the Market surveillance team must be sent to the inspected organizations and individuals, publicly posted at the authority/unit’s offices, and uploaded on the website of the Sub-department of Market surveillance (if any)

4. If any inspection plan is found to overlap or duplicate in terms of subjects, contents, or timing with previously approved or issued inspection plans, the Market surveillance authority or unit must immediately report in writing to the competent authority that approved or issued the plan and the relevant agencies or units to handle the overlapping or duplication.

5. When amendments to contents of an approved or issued inspection plan are necessary, the Market surveillance authority or unit executing the plan shall report and propose to the competent authority for review and approval.

The decision to amend decision on approval of the inspection plan or to amend the inspection plan of the competent authority shall be sent to relevant agencies, organizations, and individuals; publicly posted at the authority’s offices and uploaded on the authority’s website (if any).

6. The Directors of the Department, Chairpersons of the People’s Committees of provinces and centrally affiliated cities, and Heads of Sub-departments of Market surveillance shall monitor, inspect, and supervise the execution of inspection plans of subordinate Market surveillance authorities and units; promptly detect, direct, or report to the competent authority to handle overlapping and duplication in scope, subjects, content, and timing of inspections; and review and handle responsibilities of authorities, units, and individuals causing overlapping or duplication in formulating, issuing, and executing inspection plans.

7. The delivery of decisions on approval of inspection plans, issuance of inspection plans, amendments to decisions on approval inspection plans/inspection plans to inspected organizations and individuals as mentioned in point c of clause 1; point b of clause 2; point c of clause 3; and clause 5 of this Article may be done electronically if the inspected organizations or individuals have appropriate electronic means, have access, are able to interact with and accept receipt of such decisions electronically. The delivery of decisions electronically to inspected organizations and individuals shall comply with the following regulations:

a) The delivery of decisions to individuals or organizations via official electronic communication channels of state authorities, email addresses of individuals or organizations, national identification applications, or other applications prescribed by legislative documents of the respective sector, field, or administrative division, or via SMS to the official phone numbers of individuals or representatives of organizations;

b) If the decision is originally in paper form, when sending it electronically, it must be converted into data messages and meet legal requirements on electronic transactions;

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4. Amendments to clause 2 of Article 7:

“2. Upon completion of the inspection plan or upon urgent request, the head of the Market surveillance authority or unit shall submit a written consolidated report on the inspection results according to the plan to the immediate superior authority. The report must clearly state the reasons, causes, and specific responsibilities in cases where the inspection plan was not fully completed, along with any proposals or recommendations (if any).

5. Amendment to point a of clause 1 of Article 8:

“a) Information derived from direct written instructions of the Government, the Prime Minister, the Minister of Industry and Trade, Chairpersons of People’s Committees at all levels, Directors of the Department of Industry and Trade, and Heads of Sub-departments of Market surveillance requesting inspection of organizations or individuals violating laws or suspected of committing specific violations against the law;”.

6. Amendment to point c of clause 3 of Article 13:

“c) With proper entity and matters to be inspected in the inspection plan approved or issued as prescribed herein or proper entity and content of existing or potential violation in the case of unexpected inspections as provided in clause 2 of Article 20 of the Market Surveillance Ordinance.”.

7. Amendment to Article 22:

Article 22. Procedures for forwarding administrative violation cases to competent authorities or persons with authority to impose administrative penalties and forwarding case files with signs of criminal offenses for criminal prosecution

 1. For a case where the administrative violation report has been made according to point b of clause 2 of Article 18 or clause 4 of Article 19 or Article 20 hereof, but the case does not fall under the jurisdiction of the market surveillance positions or exceed the jurisdiction of head of the Market surveillance authority or unit that is handling the case, the Market surveillance authority of the person who issued the inspection decision or is handling the case must promptly transfer the offense notice and other documents to the competent penalty decision-maker according to the provisions of law on handling administrative violations.

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a) Immediately issue a written handover of the administrative violation case to the competent penalty decision-maker;

b) Transfer all related case files and temporarily detained exhibits and means (if any) related to the violation when handing over the administrative violation case;

c) Prepare a minute of handover of the case files and temporarily detained exhibits and means (if any) between the transferring party and the receiving party.

3. For administrative violation cases detected by Market surveillance force but where the violation shows signs of a criminal offense, the Market surveillance authority of the person who issued the inspection decision or is handling the case must immediately transfer the case files, practicing licenses/certificates, exhibits and means related to the violation (if any) to the competent criminal proceedings authority in accordance with the law. The forwarding procedure shall be done as prescribed in clause 2 hereof.

8. Amendment to clause 4 of Article 26:

“4. The case file shall be preserved and archived as follows:

a) The market surveillance authority of the penalty decision-maker shall keep the original of the case file when the case is completed;

b) In cases where the Market surveillance authority or unit transfers administrative violation case files to the Director of the Department of Industry and Trade or the Chairperson of the People’s Committee at any level for issuing administrative penalty decisions, the Market surveillance authority proposing the administrative penalties must retain a copy of the case files, except in cases where the Director of the Department of Industry and Trade or the Chairperson of the People’s Committee requests otherwise.”

9. Amendment to point b of clause 2 of Article 31:

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10. Amendments to clause 5 and clause 6 of Article 34:

“5. The Head of the Market surveillance Team is responsible for consolidating, building, managing and using the management information database within the assigned geographical area and must report as requested by the Head of the Sub-department of Market surveillance.

6. The Head of Sub-department of Market surveillance is responsible for consolidating, building, managing and using the management information database within the assigned geographical area; reporting as prescribed by law or upon request by the Director of the superior Department of Industry and Trade or the Director.”.

11. Amendment to clause 7 of Article 35:

“7. The gathering, inspection and verification of information by the market surveillance officer assigned tasks of the Operations Division or the Division of Practices or Sub-department of Market surveillance which are conducted outside the office must be documented in the journal diary for management and supervision.”.

12. Amendment to Article 38:

“Article 38. Responsibility for implementation

1. Director of Department of Domestic Market Surveillance and Development shall:

a) Assist the Minister of Industry and Trade in directing, monitoring, urging, guiding, and inspecting the Market surveillance force in conducting inspection activities, handling administrative violations, and implementing professional measures in accordance with laws and this Circular;

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c) Direct the training and refresher training for Market surveillance authorities and officers assigned to inspection, imposition of administrative penalties, and professional measures;

d) Report to the Minister of Industry and Trade on the implementation results of the Inspection Program Orientation and the outcomes of inspection and administrative violation handling of the Market surveillance force as prescribed;

dd) Send proposal to the Minister of Industry and Trade of measures for organizing implementation or amendments to this Circular when necessary.

2. Chairpersons of People's Committees of provinces and centrally affiliated cities shall

a) Direct, monitor, urge, provide guide, and inspect Market surveillance authorities and officers under their management to conduct inspection, impose administrative penalties, and implement professional measures according to laws and this Circular;

b) Direct the training and refresher training and ensure funding and working regimes for Market surveillance authorities and officers under their management as prescribed by law;

c) Send proposals and petitions to the Minister of Industry and Trade regarding measures for organizing implementation or amendments to this Circular when necessary.

3. Heads of Sub-departments of Market surveillance shall:

a) Organize inspection, impose administrative penalties, and implement professional measures according to laws and this Circular;

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c) Direct, monitor, urge, provide guide, and inspect subordinate Market surveillance teams to conduct inspection, impose administrative penalties, and implement professional measures according to laws and this Circular;

d) Organize the training and refresher training for Market surveillance teams and officers assigned to inspection, imposition of administrative penalties, and professional measures;

dd) Report to the Directors of Departments of Industry and Trade, Chairpersons of Provincial People’s Committees, and the Director of the Department of Domestic Market Surveillance and Development on the situation and results of inspection and imposition of administrative penalties within their units as prescribed.

4. Other state authorities, organizations, and individuals related to inspection and imposition of administrative penalties of Market Surveillance forces shall:

a) Provide information, documents, and evidence related to inspection and administrative penalties upon request of Market surveillance authorities;

b) Cooperate in inspection and imposition of administrative penalties as requested by Market surveillance authorities;

c) Cooperate in implementing inspection decisions, inspection warrants, penalty decisions, and other decisions of heads of competent Market surveillance authority and units.”.

13. Article 12; Article 24; Article 25; Article 30 are annulled.

14.  Some words and phrases in the following chapters, articles, clauses, and points are replaced, added, removed:

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b) The phrase "Director of the Market Surveillance Department" is replaced with the phrase "Director of the Sub-department of Market surveillance" in Clause 3 of Article 5.

c) The phrase "Operation" is added to the phrase "Head of Division" (which shall then be “Head of the Operations Division”) in the title of Clause 1 of Article 7;

d) The phrase "Director" is replaced with the phrase "head of the authority" at Point c of Clause 1 of Article 7;

dd) The phrase "head of the immediate superior Market surveillance agency or unit" is replaced with the phrase "head of the immediate superior agency" at Point b of Clause 3 of Article 9;

e) The phrase “in writing” is added after the phrase “and report” in Clause 1 of Article 16;

g) The phrase "or issue a decision to impose administrative penalties without making a notice if it is a case of warning or a fine of up to VND 250.000 for individuals and VND 500.000 for organizations" is replaced with the phrase "or issue a decision on administrative penalties on the spot if it is a case of not requiring to making a offense notice" at Point b of Clause 2 of Article 18;

h) The phrase ", except for administrative violations under the sanctioning authority of the Head of the inspection team according to the provisions of law on handling administrative violations" is replaced after the phrase "immediately after making an offense notice" in Clause 2 of Article 19;

i) The phrase "clause 2" is replaced with the phrase "clause 3" at point c of clause 1 of Article 20;

k) The phrase “Articles 19, 20, 22, 23, 24, 25, 26 and 27” is replaced with the phrase “Articles 19, 20, 22, 23, 26 and 27” in Clause 2 of Article 32;

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m) The phrase "Operation Department, Department of Province" is replaced with the phrase "Operations Division, Sub-department of Market surveillance " in Clause 2 of Article 37;

n) The phrase "Director General of the Vietnam Directorate of Market Surveillance, Director of the Market Surveillance Operations Department, Director of the Provincial Department of Market Surveillance" is replaced with the phrase "Director of the Department of Domestic Market Surveillance and Development, Head of the Market Surveillance Operations Division, Head of the Sub-Department of Market Surveillance" in Clause 3 of Article 39.

Article 3. Amendments to some articles of Circular No. 22/2021/TT-BCT dated December 12, 2021 of the Minister of Industry and Trade on management and use of forms in inspection, handling of administrative violations and implementation of professional measures of the Market Surveillance force

1. Amendment to clause 1 of Article 2:

“1. The Department of Domestic Market Surveillance and Development under the Ministry of Industry and Trade, Sub-Departments of Market Surveillance of the Departments of Industry and Trade of provinces and centrally affiliated cities (hereinafter referred to as Sub-Departments of Market Surveillance), and administrative organizations affiliated to the aforementioned authorities (hereinafter referred to as  Market Surveillance authorities and units); and officers working at Market Management authorities and units (hereinafter referred to as officers).”.

2. Amendment to clause 5 of Article 5:

“5. Forms used and other related documents shall be included in the case files for inspection and handling of administrative violations, numbered, electronically stored, and paper-stored in accordance with the laws on handling of administrative violations, archival laws, and regulations in the Circular of the Minister of Industry and Trade regulating the content, procedures for inspection, handling of administrative violations, and implementation of professional measures of the Market Surveillance force.”

3. Amendment to clause 5 of Article 6:

“5. The official numbers of the Department of Domestic Market Surveillance and Development, the Sub-Departments of Market Surveillance, and subordinate Market Management authorities and units shall be specifically regulated by the Director of the Department of Domestic Market Surveillance and Development.”

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a) The phrase “Vietnam Directorate of Market Surveillance” is replaced with “Department of Domestic Market Surveillance and Development” in clause 1 of Article 6; clause 2 of Article 8; clauses 1 and 3 of Article 10;

b) The phrase “except forms that are decisions,” is added before the phrase “must have signatures” in point d of clause 2 of Article 5;

c) The phrase “Vietnam Directorate of Market Surveillance, Provincial Market Surveillance Department, or Market Surveillance Operations Department” is replaced with “Department of Domestic Market Surveillance and Development or Sub-Departments of Market Surveillance” in clause 2 of Article 6;

d) The phrase “Director General of Vietnam Directorate of Market Surveillance” is replaced with “Director of the Department of Domestic Market Surveillance and Development” in clause 4 of Article 4; clause 1  of Article 7; and clause 2 of Article 10;

dd) The phrase “Chief Inspector of the Ministry” in clause 2 of Article 10 is removed;

e) The Appendix of Forms used in inspection and implementation of professional measures of the Market Surveillance force issued together with Circular No. 22/2021/TT-BCT is replaced with Appendix No. 6 of Forms used in inspection and implementation of professional measures of the Market Surveillance force issued together with this Circular.

Article 4. Amendments to some articles of Circular No. 55/2020/TT-BCT dated December 12, 2020 of the Minister of Industry and Trade Regulations on reporting regime of Market Surveillance force

1. Amendment to clause 2 of Article 4:

“2. Thematic reports issued by the Director of the Department of Domestic Market Surveillance and Development under the Ministry of Industry and Trade, Heads of Sub-Departments of Market Surveillance of the Departments of Industry and Trade of provinces and centrally affiliated cities (hereinafter referred to as Sub-Departments of Market Surveillance), or by competent authorities, containing content related to the functions, tasks, and powers of the Market Surveillance force.

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“2. The content of periodic reports prescribed in point b of clause 1 of Article 4 hereof shall comply with the regulations of the reporting regime issuing authority. The Market Surveillance Operations Division of the Department of Domestic Market Surveillance and Development (hereinafter called the Operations Division) or the Sub-Department of Market Surveillance shall rely on the content of periodic reports prescribed in clause 1 of this Article to prepare reports, except for internal reporting content that requires permission from the Market Surveillance authority or competent authority as stipulated in Appendices III, IV, and V hereof.”.

3. Amendment to clause 1 of Article 6:

“1. For the periodic reports prescribed in point a of clause 1 of Article 4 of this Circular, the reporting entities and report recipients shall comply the following regulations:

a) Market Management Teams shall report to their immediate superior Sub-Departments of Market Surveillance;

b) The Operations Divisions shall report to the Department of Domestic Market Surveillance and Development; Sub-Departments of Market Surveillance shall report to the Departments of Industry and Trade and the Department of Domestic Market Surveillance and Development;

c) The Department of Domestic Market Surveillance and Development shall report to the Ministry of Industry and Trade.”

4. Sub-section 3 of Section II of Appendix II; sub-section 2, sub-section 6 and sub-section 7 of Section II of Appendix III; sub-section 2, sub-section 7 and sub-section 8 of Section II of Appendix IV; sub-section 2, sub-section 8 and sub-section 9 of Section II of Appendix V are annulled.

5. Some words and phrases in the following articles are replaced:

a) The phrase "Director General of the Vietnam Directorate of Market Surveillance, Director of the Market Surveillance Operations Department, Director of the Provincial Department of Market Surveillance" is replaced with the phrase "Director of the Department of Domestic Market Surveillance and Development, Head of the Operations Division, Head of the Sub-Department of Market Surveillance" in Clause 3 of Article 5;

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c) The phrase “Vietnam Directorate of Market Surveillance” is replaced with “Department of Domestic Market Surveillance and Development” in clause 2 of Article 7; clause 2 of Article 12.

Article 5. Amendments to some articles of Circular No. 02/2022/TT-BCT dated December 12, 2020 of the Minister of Industry and Trade Regulations on numbers, professional standards, qualifications and salary scales for Market Surveillance officers

1. Amendment to Article 2:

“Article 2. Regulated entities

This Circular applies to Market Surveillance officers working at the Department of Domestic Market Surveillance and Development of the Ministry of Industry and Trade, Sub-Departments of Market Surveillance of the Departments of Industry and Trade of provinces and centrally affiliated cities (hereinafter referred to as Sub-Departments of Market Surveillance), and administrative organizations affiliated to the aforementioned authorities.”.

2. Some words and phrases in the following articles are replaced:

a) The phrase "Provincial Market Surveillance Departments " is replaced with the phrase "Sub-Departments of Market Surveillance" in Clause 5 of Article 6;

b) The phrase “Vietnam Directorate of Market Surveillance” is replaced with “Department of Domestic Market Surveillance and Development” in point b of clause 5 of Article 6; clause 4 of Article 12.

Article 6. Amendments to some articles of Circular No. 25/2023/TT-BCT dated November 11, 2023 of the Minister of Industry and Trade Regulations on official numbers for officers working at Market Surveillance agencies at all levels

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“1. The Department of Domestic Market Surveillance and Development of the Ministry of Industry and Trade, Sub-Departments of Market Surveillance of the Departments of Industry and Trade of provinces and centrally affiliated cities (hereinafter referred to as Sub-Departments of Market Surveillance), and administrative organizations affiliated to the aforementioned authorities (hereinafter referred to as  Market Surveillance authorities at all levels).”.

2. Amendment to clause 2 of Article 4:

“2. Procedures for issuing official numbers:

a) Within 10 working days from the date an officer is accepted to the Department of Domestic Market Surveillance and Development, the Department shall prepare an application for issuance of official number and submit it to the Director of the Department for review and decision.

Within 10 working days from the date an officer is accepted to the Sub-Department of Market Surveillance, the Sub-Department shall prepare an application for issuance of official number and submit it to the Director of the Department of Domestic Market Surveillance and Development for review and decision;

b) Within 15 working days from the date of receiving a valid application, the Director of the Department of Domestic Market Surveillance and Development shall decide to issue the requested official number.”.

3. Some words and phrases in the following articles and clauses are replaced:

c) The phrase “central Market Surveillance authority” is replaced with “Department of Domestic Market Surveillance and Development” in clause 1 of Article 3;

b) The phrase “Market Surveillance authorities of the provinces/centrally affiliated cities” is replaced with “Sub-Departments of Market Surveillance” in clause 1 of Article 3;

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4. The Appendix of Form of official number of officer issued together with Circular No. 25/2023/TT-BCT dated November 30, 2023 of the Minister of Industry and Trade is replaced with Appendix No. 7 of Form of official number of officer issued together with this Circular.

Article 7. Transitional clauses

1. The official numbers and badges of officers working at Market Surveillance authorities at all levels that were issued before the effective date of this Circular shall continue to be used until December 31, 2025, or until the time when the Director of the Department of Domestic Market Surveillance and Development issues replacement official numbers in accordance herewith.

2. Unexpired Market Inspection Cards issued to Market Surveillance officers before the effective date of this Circular shall continue to be used until December 31, 2025, or until the expiration date of such Cards if the validity period ends before December 31, 2025.

3. Inspection plans issued and approved before the effective date of this Circular shall continue to be executed by the Market Surveillance Operations Divisions of the Department of Domestic Market Surveillance and Development, Sub-Departments of Market Surveillance of the Departments of Industry and Trade of provinces and centrally affiliated cities, and Market Surveillance Teams under their management in accordance with Resolution No. 190/2025/QH15 dated February 19, 2025, of the 15th National Assembly on the handling of certain issues related to the restructuring of State organizational apparatus In case of making amendments to the periodic inspection plan 2025, the Market Surveillance Operations Divisions, Sub-Departments of Market Surveillance shall report and submit the inspection plan to the competent authority for review and approval in accordance with this Circular.

Article 8. Implementation clauses

1. This Circular comes into force from July 15, 2025.

2. The following Circulars are annulled:

a) Circular No. 18/2019/TT-BCT dated September 30, 2019, of the Minister of Industry and Trade on official duties of Market Surveillance force;

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c) Circular No. 54/2020/TT-BCT dated December 31, 2020, of the Minister of Industry and Trade amending Circular No. 18/2019/TT-BCT and Circular No. 20/2019/TT-BCT as above.

3. In case legislative documents cited in this Circular are amended, supplemented, or replaced, the new documents shall apply.

4. The People’s Committees of provinces and centrally affiliated cities, the Department of Domestic Market Surveillance and Development, Sub-Departments of Market Surveillance of provinces and centrally affiliated cities, and other relevant agencies, organizations, and individuals shall be responsible for implementing this Circular./.

 

 

PP. MINISTER
DEPUTY MINISTER




Nguyen Sinh Nhat Tan

 

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Circular No. 45/2025/TT-BCT dated July 15, 2025 on amending some article of Circulars of the Minister of Industry and Trade related to market surveillance
Official number: 45/2025/TT-BCT Legislation Type: Circular
Organization: The Ministry Of Industry And Trade Signer: Nguyen Sinh Nhat Tan
Issued Date: 15/07/2025 Effective Date: Premium
Gazette dated: Updating Gazette number: Updating
Effect: Premium

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Circular No. 45/2025/TT-BCT dated July 15, 2025 on amending some article of Circulars of the Minister of Industry and Trade related to market surveillance

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