|
MINISTRY OF
INDUSTRY AND TRADE
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 33/2018/TT-BCT
|
Hanoi, October 8,
2018
|
CIRCULAR
PRESCRIBING
MARKET INSPECTION CARDS
Pursuant to the Ordinance on Market Administration
dated March 8, 2016;
Pursuant to the Government's Decree No.
98/2017/ND-CP dated August 18, 2017, defining the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade;
Pursuant to the Prime Minister's Decision No.
34/2018/QD-TTg dated August 10, 2018, defining the functions, tasks, powers and
organizational structure of the General Department of Market Surveillance under
the direct management of the Ministry of Industry and Trade;
Upon the request of the Director of the Market
Surveillance Agency;
The Minister of Industry and Trade hereby
promulgates the Circular prescribing market inspection cards.
Chapter I
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 1. Scope
This Circular prescribes the sample card,
procedures and processes for the initial issuance, re-issuance, revocation and
temporary suspension of the market inspection card (hereinafter referred to as
card).
Article 2. Subjects of
application
This Circular shall apply to all-level market
surveillance authorities, officers of all-level market surveillance authorities
and other relevant organizations or individuals.
Article 3. Principles of
management and usage of the card
1. The card may be used by market surveillance
officers to perform inspections of regulatory compliance of organizations or
individuals within the scope of duties referred to in Article 12 and Article 17
of the Ordinance on Market Surveillance, depending on their assigned localities
or sectors.
2. Card-holding market surveillance officers shall
be responsible for storage and care of issued cards; avoiding erasure,
deletion, alteration or correction of information inscribed on cards; avoiding
using cards to fulfill self-seeking needs, cause any threat or obstruction
against legal activities of other organizations or individuals; in case of loss
of a card, immediately reporting to the Head of the direct supervisory body.
3. Market surveillance officers, organizations or
individuals shall be strictly prohibited from illegally making, concealing,
buying, selling, forging, borrowing, lending, hypothecating, mortgaging or
using cards.
4. If a market surveillance officer does not hold a
card, his/her card is revoked or temporarily suspended, he/she shall not be
authorized to issue the inspection decision or carry out market inspection
activities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. In case where the period from the date of issue
of a card to the date on which a card-holding officer reaches the retirement
age under regulatory policies is less than 5 years, the card shall be valid
until the latter date.
7. The card initially issued in accordance with
point b of clause 1 of Article 13 of the Ordinance on Market Surveillance shall
be used by the expiry date inscribed on the card if the card-holding officer
continues to hold office as the head of a market surveillance authority who has
competence in issuing the inspection decision.
8. The General Department of Market Surveillance
shall keep an archive of card issuance application documents and photocopies of
issued cards (including initial issuance and re-issuance). The head of entities
affiliated to the General Department of Market Surveillance shall archive
photocopies of cards issued to officers under their management (including
initial issuance and re-issuance).
9. Card making funds shall be covered by the State
under laws.
Chapter II
SAMPLE CARD, PROCEDURES AND PROCESSES FOR INITIAL
ISSUANCE, RE-ISSUANCE, REVOCATION AND TEMPORARY SUSPENSION OF CARDS
Article 4. Sample cards
1. The card is in a rectangular shape, is made of
paper, sized 90mm x 62mm, including 02 (two) sides laminated by plastic films.
2. Sample card and card description
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The card issued to the market surveillance
officer under clause 2 of Article 16 of the Ordinance on Market Surveillance
shall be subject to the Appendix No.5 herewith enclosed.
3. Seal affixed to a card shall be regulated as
follows:
a) With respect to the card prescribed in point a
of clause 2 of this Article, the seal of the Ministry of Industry and Trade shall
be affixed in the blank section intended for the card issuer's signature; ¼ (a
quarter) of the miniature raised seal of the Ministry of Industry and Trade is
affixed at the right bottom corner of the card holder’s color photo;
b) With respect to the card prescribed in point b
of clause 2 of this Article, the miniature seal of the General Department of
Market Surveillance shall be affixed in the blank section intended for the card
issuer's signature; ¼ (a quarter) of the miniature raised seal of the General
Department of Market Surveillance is affixed at the right bottom corner of the
card holder’s color photo.
Article 5. Document
requirements, procedures and processes for initial issuance of cards
1. The initial issuance of cards refers to the
situation in which a market surveillance officer is awarded a card for the
first time. Cases in which applicants are eligible for initial issuance,
standards and requirements for the initial issuance of cards shall be subject
to Article 13 of the Ordinance on Market Surveillance.
2. Application requirements for the initial
issuance of a card shall be regulated as follows:
a) Application form for the initial issuance of a
card;
b) List of applicants by using the form given in
the Appendix No.1 to this Circular;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) 02 (two) color photos sized 03cm x 04cm of the
officer in the list of applicants. The requirements concerning the officer's
photo are that the officer must wear an autumn-winter uniform shirt (made of
pale green fabrics with long sleeves and standup collar), kepi hat and tie with
all market surveillance insignia borne on the uniform shirt. The photo has been
taken for no more than 1 year till the date of preparation of the application;
on the back side of the photo, the following information must be fully written:
full name of the applicant officer; name of the provincial-level Department of
Market Surveillance (applicable to those under the management of the
provincial-level Department of Market Surveillance) or the name of the
affiliate of the General Department of Market Surveillance (applicable to those
of other affiliates of the General Department of Market Surveillance);
dd) 01 (one) authenticated copy of the decision on
appointment to the market surveillance rank and 01 (one) authenticated copy of
the Certificate of completion of the professional training under the
regulations of the Ministry of Industry and Trade, applicable to the officer
prescribed in point a of clause 1 of Article 13 of the Ordinance on Market
Surveillance;
e) 01 (one) authenticated copy of the decision on
appointment to the current leadership rank and 01 (one) authenticated copy of
the decision on appointment to the current officer rank, applicable to the
officer prescribed in point b of clause 1 of Article 13 of the Ordinance on
Market Surveillance;
Article 6. Document
requirements, procedures and processes for re-issuance of cards
1. Cases in which applicants are eligible for
re-issuance and requirements for re-issuance of cards shall be subject to
clause 1 of Article 14 of the Ordinance on Market Surveillance.
2. Application requirements for re-issuance of a
card shall be regulated as follows:
a) Application form for re-issuance of a card;
b) List of applicants by using the form given in
the Appendix No.1 to this Circular;
c) An officer’s application form for re-issuance of
a card by using the form given in the Appendix No. 2 to this Circular, which obtains
the attestation of the Director of the provincial-level Market Surveillance
Department (applicable to officers under the management of the provincial-level
Market Surveillance Department) or the endorsement of the Director of the
Department of Organization and Personnel affiliated to the General Department
of Market Surveillance (applicable to officers holding office as leaders of the
General Department of Market Surveillance or officers of other affiliates of
the General Department of Market Surveillance);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) 01 (one) authenticated copy of the Certificate
of completion of the professional training under the regulations of the
Ministry of Industry and Trade, applicable to cases of card re-issuance
prescribed in point c and point d of clause 1 of Article 14 of the Ordinance on
Market Surveillance;
e) 01 (one) copy of the old card made at the date
of submission of the application for re-issuance with respect to cases of application
for re-issuance due to any change in information inscribed on the card or due
to expiration of the card as prescribed in point a and point c of clause 1 of
Article 14 of the Ordinance on Market Surveillance.
3. With respect to cases of re-issuance of cards
prescribed in point c of clause 1 of Article 14 of the Ordinance on Market
Surveillance, the application documents shall be submitted to the General
Department of Market Surveillance at least 30 days prior to expiration. With
respect to 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 documents for card re-issuance shall be submitted to the General
Department of Market Surveillance within the duration of 20 working days after
the date on which cases of re-issuance of cards arise.
4. Within the duration of 15 working days of
receipt of required and valid application documents, the person authorized to
issue cards shall consider approving re-issuance of cards. In case of refusal
or where it is necessary to extend the duration of consideration of
re-issuance, the person authorized to issue cards shall give a written response
clearly stating reasons for such refusal or extension. The duration may be
extended to 05 working days at maximum.
5. The market surveillance officer shall be
required to give back the old card upon receipt of the new one, except in case
of loss. Within the duration of 20 working days after the affiliate of the
General Department of Market Surveillance receives the new card, the Director
of the provincial-level Market Surveillance Department and the Heads of
affiliates of the General Department of Market Surveillance shall withdraw the
old one and send a written document enclosing the old card to the General
Department of Market Surveillance as per clause 2 of Article 14 of the
Ordinance on Market Surveillance.
6. The expiry date inscribed on each card shall not
be subject to any change in case of re-issuance in accordance with point a,
point b of clause 1 of Article 14 of the Ordinance on Market Surveillance,
except cases prescribed in clause 3 of Article 10 hereof.
Article 7. Document
requirements, procedures and processes for revocation of cards
1. Documents submitted to request the revocation of
cards shall be comprised of the followings:
a) List of officers subject to the revocation
request by using the form given in the Appendix No.3 to this Circular;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Within the duration of 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 Head of the provincial-level Department
of Market Surveillance or the Heads of affiliates of the General Department of
Market Surveillance shall send request documents for card revocation to the
Director of the General Department of Market Surveillance for his/her
consideration and decision.
3. In case where the Director of the
provincial-level Market Surveillance Department, and the Heads of affiliates of
the General Department of Market Surveillance, fail to comply with the request
for revocation of cards as prescribed in clause 2 of this Article, the Director
of the Department of Organization and Personnel affiliated to the General
Department of Market Surveillance shall carry out inspection and request the
Director of the General Department of Market Surveillance to consider issuing
the decision on revocation of cards in accordance with regulations in force.
4. Within the duration of 05 working days of
receipt of all required and valid documents, the Director of the General
Department of Market Surveillance shall issue the decision on revocation of
cards or shall authorize the Director of the provincial-level Market
Surveillance Department to directly revoke cards of officers under their
management.
5. Within the duration of 05 working days of
receipt of the decision on revocation of cards issued by the authorized person
prescribed in clause 4 of this Article, the Director of the provincial-level
Market Surveillance Department and the Heads of the affiliates of the General
Department of Market Surveillance shall revoke cards of officers under their
management and send a written report enclosing revoked cards to the General
Department of Market Surveillance.
6. With respect to revoked cards, the General
Department of Market Surveillance shall diagonally cut 1/2 (a half) of the
invalid card away. Card cutting shall be documented.
7. If an officer whose card is revoked under point
a of clause 1 of Article 15 in the Ordinance on Market Surveillance applies for
a new card, application requirements, procedures and processes for grant of a
card shall be subject to clause 2 and clause 3 of Article 5 hereof.
8. The Director of the General Department of Market
Surveillance shall request the Minister of Industry and Trade to consider
issuing the decision on revocation of the card with respect to the case
prescribed in clause 1 of Article 16 of the Ordinance on Market Surveillance.
Article 8. Documentation
requirements, procedures and processes for temporary suspension of cards
1. Request documents for temporary suspension of a
card shall be composed of the followings:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Documents or papers related to cases of
temporary suspension of cards which are prescribed in clause 2 of Article 15 of
the Ordinance on Market Surveillance.
2. Within the duration of 05 working days after the
date of identification of cases in which it is established that an officer is
subject to the temporary suspension as prescribed in clause 2 of Article 15 of
the Ordinance on Market Surveillance, the Head of the provincial-level
Department of Market Surveillance or the Heads of affiliates of the General
Department of Market Surveillance shall send request documents for the
temporary suspension to the Director of the General Department of Market
Surveillance for his/her consideration and decision.
3. In case where the Director of the provincial-level
Market Surveillance Department, and the Heads of affiliates of the General
Department of Market Surveillance, fail to comply with the request for the
temporary suspension of cards as prescribed in clause 2 of this Article, the
Director of the Department of Organization and Personnel affiliated to the
General Department of Market Surveillance shall carry out inspection and
request the Director of the General Department of Market Surveillance to
consider issuing the decision on temporary suspension of cards in accordance
with regulations in force.
4. Within the duration of 05 working days of
receipt of all required and valid documents, the Director of the General
Department of Market Surveillance shall issue the decision on temporary
suspension of cards or shall authorize the Director of the provincial-level
Market Surveillance Department to directly carry out the temporary suspension
of cards of officers under their management.
5. Within the duration of 05 working days of
receipt of the decision on temporary suspension of cards issued by the
authorized person prescribed in clause 4 of this Article, the Director of the
provincial-level Market Surveillance Department and the Heads of the affiliates
of the General Department of Market Surveillance shall temporarily suspend
cards of officers under their management and send a written report enclosing
temporarily suspended cards to the General Department of Market Surveillance.
6. The Director of the General Department of Market
Surveillance shall request the Minister of Industry and Trade to consider
issuing the decision on temporary suspension of the card with respect to the
case prescribed in clause 1 of Article 16 of the Ordinance on Market
Surveillance.
7. The duration of temporary suspension of a card
shall be regulated as follows:
a) With respect to the case prescribed in point a
and point b of clause 2 of Article 15 in the Ordinance on Market Surveillance,
the duration of temporary suspension of a card shall be equal to the period
from the date of discovery of violation to the date on which the competent
authority decides to deal with such case, but shall be restricted to 2 months.
In case where complicated situations arise, the duration may be extended, but
shall be restricted to 04 months from the date of discovery of violation;
b) With respect to the case prescribed in point c
of clause 2 of Article 15 in the Ordinance on Market Surveillance, the duration
of temporary suspension shall be equal to the timelength of an officer's
temporary suspension prior to consideration of imposition of disciplinary
actions;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) With respect to the case prescribed in point dd
of clause 2 of Article 15 in the Ordinance on Market Surveillance, the duration
of temporary suspension shall be equal to the period during which the
conclusion issued by the authority having competence in investigation,
prosecution or adjudication of violation is made. If an officer has obtained a
criminal conviction that takes effect, his/her card shall be revoked under
regulations on revocation of cards as prescribed in Article 7 hereof.
8. In case of expiration of the duration of
temporary suspension of a card specified in the decision issued by an
authorized person, the officer may take back the card if the card does not
expire after receipt of the decision on return of the card. In case where the
card subject to temporary suspension has expired, procedures for re-issuance of
the card referred to in Article 6 hereof must be followed.
Chapter III
IMPLEMENTATION ORGANIZATION
Article 9. Responsibilities of
the heads of all-level market surveillance authorities
1. The Leader of the Market Surveillance Team and
Heads of divisions of affiliates of the General Department of Market
Surveillance shall assume the following responsibilities:
a) Promptly prepare the list of applicants, request
the Director of the provincial-level Market Surveillance Department, Heads of
affiliates of the General Department of Market Surveillance in writing to
recommend the authorized person to consider issuing the decision on initial
issuance, re-issuance, revocation and temporary suspension of cards held by
officers under their management;
b) Oversee and check the storage and usage of cards
by officers under their management.
2. The Director of the provincial-level Market
Surveillance Department and Heads of divisions of affiliates of the General
Department of Market Surveillance shall assume the following responsibilities:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Follow procedures and processes for revocation
and temporary suspension of cards, return of temporarily suspended cards upon
receipt of authorization; open books for monitoring management, allocation,
initial issuance, temporary suspension of cards and return of temporarily
suspended cards within their remit;
c) Oversee and check the storage and usage of cards
by officers under their management; every 3 months, carry out a regular
inspection of cards issued to officers under their management. The inspection,
handover and receipt of cards must be archived or documented;
d) Request the authorized person to consider
issuing the decision on the revocation and temporary suspension of cards when
discovering that a market surveillance officer has committed any violation
while on duty, has used his/her card for incorrect purposes or in other cases
in accordance with regulations in force;
dd) Take initiative in rotating, transferring,
arranging and assigning card-holding officers between inferior-level units in
order to ensure accomplishment of market inspection and control tasks;
e) Report to the General Department of Market
Surveillance on tasks of management and usage of cards by units within their
remit.
3. The Director of the General Department of Market
Surveillance shall assume the following responsibilities:
a) Be held accountable to the Minister of Industry
and Trade for uniform management of cards issued to market surveillance
officers under the provisions of this Circular;
b) Monitor, oversee, inspect and consolidate
situations of implementation of this Circular and report to the Minister of
Industry and Trade in accordance with regulations in force;
c) Propose or recommend any necessary revision and
supplementation of this Circular to the Minister of Industry and Trade where
necessary.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Within the duration of 30 working days after the
entry into force of this Circular, the Director of the provincial-level Market
Surveillance Department, Heads of affiliates of the General Department of
Market Surveillance shall send application documents in a new form referred to
in this Circular for officers under their management to the General Department
of Market Surveillance.
2. The person authorized to issue cards must finish
re-issuing cards in a new form by December 2019. During the waiting period,
those cards issued before the effective date of this Circular shall continue to
be used till the expiry date inscribed on cards or by December 30, 2019,
whichever comes first, and must be revoked in accordance with regulations in
force.
3. Cards re-issued by using the new form shall have
the validity term of 5 years from the re-issuance date, unless otherwise
prescribed in clause 6 Article 3 hereof.
Article 11. Entry into force
1. This Circular shall enter into force from
November 23, 2018.
2. This Circular shall replace the Circular No.
18/2016/TT-BCT dated August 31, 2016 of the Minister of Industry and Trade,
prescribing market surveillance cards and amendments or supplements to certain
sample reports or decisions used in inspections and imposition of penalties for
administrative violations by the market surveillance force.
3. In the course of implementation, if there is any
difficulty, organizations and individuals should send timely reports to the
Ministry of Industry and Trade (via the General Department of Market
Surveillance) to seek instructions and solutions./.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66