Circular No. 33/2018/TT-BCT dated October 08, 2018 of the Ministry of Industry and Trade on prescribing market inspection cards

THE MINISTRY OF INDUSTRY AND TRADE 

Circular No. 33/2018/TT-BCT dated October 08, 2018 of the Ministry of Industry and Trade on 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 on 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, 201 on 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

GENERAL PROVISIONS

Article 1. Scope of adjustment

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.

5. The head of the Market Surveillance Commission or the head of the Market Surveillance Department of a province or centrally-affiliated city (hereinafter referred to as head of provincial-level Market Surveillance Department) shall monitor and manage the use of cards by officers under his/her management. The Director of the Department of Organization and Personnel affiliated to the General Department of Market Surveillance shall oversee and manage the use of cards by officers under the management of other entities affiliated to the General Department of Market Surveillance.

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

a) The card issued to the market surveillance officer under Clause 1 of Article 16 of the Ordinance on Market Surveillance shall be subject to the Appendix No. 4 herewith enclosed;

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;

c) An officer’s application form for the initial 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 leaders of the General Department of Market Surveillance or officers of other affiliates of the General Department of Market Surveillance);

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;

3. Within the duration of 15 working days of receipt of required and valid application documents, the person authorized to issue cards shall consider issuing the initial issuance decision. In case of refusal to issue the requested card or where it is necessary to extend the duration of consideration of issuance of the requested card, 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.

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);

d) 02 (two) color photos as prescribed in point d of Clause 2 Article 5 hereof;

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;

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 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:

a) List of officers subject to the temporary suspension request by using the form given in the Appendix No. 3 to this Circular;

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 time length of an officer s temporary suspension prior to consideration of imposition of disciplinary actions;

c) With respect to the case prescribed in point d of Clause 2 of Article 15 in the Ordinance on Market Surveillance, the duration of temporary suspension shall be 12 months from the effective date of the decision on imposition of disciplinary actions;

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:

a) Promptly consider compiling the list of applicants, request the Director of the General Department of Market Surveillance in writing for the issuance and re-issuance of cards within the scope of assigned tasks; implied factor unalike; ensure validity and adequacy of application documents for initial issuance, re-issuance, revocation and temporary suspension of cards; promptly review and request grant of cards to officers satisfying card-issuing requirements;

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.

Article 10. Transitional provisions

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 30, 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. Effect

1. This Circular takes effect on 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./.

The Minister

Tran Tuan Anh

* All Appendices are not translated herein.