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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
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Hanoi, July 15,
2025
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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