Joint Circular No. 24/2001/TTLT-BTM-BVGCP dated October 16, 2001 of the Ministry of Trade and the Government Pricing Committee guiding the examination and inspection of the implementation of the Government’s Decree No. 44/2000/ND-CP of September 1, 2000 on sanctioning administrative violations in the field of price

JOINT CIRCULAR

GUIDING THE EXAMINATION AND INSPECTION OF THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO. 44/2000/ND-CP OF SEPTEMBER 1, 2000 ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PRICE

Pursuant to the July 6, 1995 Administrative Violation Handling Ordinance’s Article 33 on the Market Management Agency’s competence to handle administrative violations and Article 34 on the Specialized Inspectorate’s competence to handle administrative violations;

Pursuant to Decision No. 137/HDBT of April 27, 1992 of the Council of Ministers (now the Government) on price control;

Pursuant to the Government’s Decree No. 44/2000/ND/CP of September 1, 2000 on sanctioning administrative violations in the field of price;

Pursuant to the Government’s Decree No. 01/CP of January 3, 1996 on sanctioning administrative violations in the field of trade;

Pursuant to the Prime Minister’s Document No. 696/CP-KTTH of August 2, 2000 assigning the Market Management Force to exercise the functions and tasks of the Specialized Trade Inspectorate,

The Ministry of Trade and the Government Pricing Committee hereby agree to guide the coordination of activities of examination, inspection and handling of administrative violations in the field of price between the Market Management Agency and the Price Inspectorate as follows:

I. GENERAL PROVISIONS

1. The coordination of price examination and inspection activities between the Market Management Agency and the Price Inspectorate is included in the examination and inspection plan already approved by the competent authorities.

2. The Market Management Agency and the Price Inspectorate shall organize examinations and inspections in the following cases:

a/ Under the decisions of the People’s Committees of the same level or the superior Market Management bodies or Price Inspectorates;

b/ Their management expertise is needed for the examination and inspection contents;

c/ Extraordinary examinations and inspections shall be organized upon detection of signs of law violations in the field of price, which must be stopped in time.

II. OBJECTIVES AND REQUIREMENTS

1. Objectives:

To effect the State-controlled market mechanism in the field of price, to protect the legitimate interests of manufacturers, traders, consumers and the State; to contribute to production development, the stabilization of market prices and people’s life.

2. Requirements:

- To conduct examinations and inspections within the right scope, of the right objects, with key contents and focal points, without causing troubles and/or obstacles to production and business activities; to overcome overlapped examinations and inspections.

- To examine, inspect and strictly handle acts of law offenses in the field of price. In the course of examination, inspection and handling, the process, procedures and competence must be strictly complied with as prescribed by law; to effectively prevent acts of violation in the field of price.

- To combine examinations, inspections and violation handling with propagation and education so that the manufacturers and traders can abide by the State’s regulations on price management with full consciousness.

III. EXAMINATION OBJECTS AND CONTENTS

1. Objects:

1.1. Organizations and individuals of all economic sectors, engaged in activities of producing and/or trading in goods and/or providing commercial services;

1.2. Foreign organizations and individuals engaged in the activities of producing and/or trading in goods and/or providing commercial services on the Vietnamese territory, except otherwise provided for by the international treaties which Vietnam has signed or acceded to.

2. Contents:

The Market Management Agency and the Price Inspectorate shall coordinate with each other in examining, inspecting and handling acts of violation regarding:

2.1. Price listing as prescribed;

2.2. Observance of price brackets and levels set by the competent bodies;

2.3. Taking advantages of natural calamities or other particularly difficult circumstances of the society to increase or depress prices, thus causing damage to production and consumers;

2.4. Falsely declaring purchasing or selling prices of goods and/or services and other relevant factors in order to shirk the payment of the payable amounts as prescribed for the price policy implementation;

2.5. Observance of the regulations on goods sale promotion prices, and commercial services in the sale promotion period.

IV. IMPLEMENTATION ORGANIZATION

1. Coordination contents:

1.1. Exchange of price-related information: the State’s price policies, market price fluctuation,…

1.2. Organization of forces conducting examinations, inspections, detection and handling of administrative violations in the field of price according to the Government’s Decree No. 44/2000/ND-CP of September 1, 2000 and the Government Pricing Committee’s Circular No. 04/2000/TT-BVGCP of November 15, 2000 guiding the implementation thereof.

2. Responsibilities:

2.1. The Market Management Agency and the Price Inspectorate shall have to organize the examination and inspection forces to provide information on specific matters in the field of price control (the central and local authorities’ price policies, price decisions relating to the price-control field) in service of the examination, inspection, detection and handling of administrative violations in the field of price.

2.2. When detecting acts of violation in the field of price, the Market Management Agency may request the Price Inspectorate, and vice versa, the Price Inspectorate may request the Market Management Agency (at both central and local levels) to organize examinations, inspections and handling of violations; the requested bodies shall have to coordinate according to their respective functions, tasks and powers.

2.3. In the course of examination and inspection coordination, if any agency is assigned the prime responsibility, it shall issue the handling decisions and bear responsibility before law for its decisions.

2.4. The management and use of fines against the administrative violations in the field of price shall comply with Joint Circular No. 16/2001/TTLT/BTC-BVGCP of March 21, 2001 of the Finance Ministry and the Government Pricing Committee.

2.5. Annually, the Market Management Agency and the Price Inspectorate (at central and local levels) should make preliminary and sum-up reviews of the implementation of this Joint Circular in order to bring into play the strengths and overcome the weaknesses.

3. Implementation duration:

This Circular takes effect 15 days after its signing. Any difficulties or problems arising in the course of implementation should be reported to the Ministry of Trade and the Government Pricing Committee for suitable supplementation and amendment.