Who has the authority to issue decisions on specialized inspection of the current market management force?
Competence to issue decisions on specialized inspection of market management forces?
Pursuant to Article 4 of Decree 33/2022/ND-CP stipulates as follows:
“Article 4. Competence to issue inspection decisions
1. Persons competent to issue inspection decisions specified in Clause 1, Article 21 of the Ordinance on Market Management include:
a) The Director General of the General Department of Market Management;
b) Director of the Market Management Operations Department under the General Department of Market Management; The Director of the Provincial-level Market Management Department under the General Department of Market Management (hereinafter referred to as the Provincial-level Market Management Department for short) includes: the Director of the Market Management Department of the province or centrally run city; Director of the Department of Management of the Inter-provincial Market, centrally-run cities;
c) The captain of the market management team under the provincial-level Market Management Department includes: the captain of the market management team of a district, town, provincial city, or city under the central government; Team leader of the inter-district market management team, district, town, provincial city, city under central authority; Head of specialized market management team; Captain of Mobile Market Management Team.
2. The person competent to issue the inspection decision specified in Clause 1 of this Article may authorize the deputy to issue the inspection decision according to the provisions of Clauses 2 and 3, Article 21 of the Ordinance on Market Management.”
Accordingly, the person competent to issue decisions on specialized inspection of the market management force includes the Director General of the General Department of Market Management, the Director of the Provincial Market Management Department, the Captain of the Market Management Team. . In addition, the above-mentioned competent persons may authorize their deputies to issue decisions on specialized inspection of market management strategies.
Who has the authority to issue decisions on specialized inspection of the current market management force?
Time limit for conducting specialized inspection of the market management force?
Pursuant to Article 22 of the Ordinance on Market Management 2016 stipulates as follows:
“Article 22. Time limit for inspection
1. When conducting the inspection, the head of the inspection team shall announce and assign the inspection decision to the inspected organization or individual.
2. The inspection time limit is prescribed as follows:
a) The time limit for an inspection at the inspection place shall not exceed 03 working days from the date of publication of the inspection decision;
b) In case the inspection case is complicated, the time limit for an inspection may be extended but must not exceed 05 working days from the date of publication of the inspection decision. The extension of the time limit for an examination shall be decided in writing by the person who issued the decision to examine.
3. Time not included in the inspection time limit specified in Clause 2 of this Article includes:
a) Time for verification and verification to conclude the examination;
b) The time the inspected organization or individual delays or evades the inspection.”
Thus, the time limit for inspection shall not exceed 03 working days from the date of publication of the inspection decision. The inspection time limit may be extended for complicated cases but must not exceed 5 working days from the date of publication of the inspection decision.
Duties and powers of the specialized inspection team of the market management force?
Pursuant to Article 24 of the Ordinance on Market Management 2016 stipulates as follows:
“Article 24. Duties and powers of the inspection team”
1. The inspection team has the task of organizing the inspection according to the inspection decision.
2. When conducting an inspection, the inspection team has the right to:
a) Request the inspected organization or individual to directly work or appoint a representative to work with the inspection team. In case the inspected organization or individual has no representative, or the individual is not present at the place of inspection, the inspection team shall still conduct the inspection but must be present in the presence of a representative of the People's Committee or a public agency. commune security and witnesses;
b) Request the inspected organization or individual or their representative to provide papers, documents, books and vouchers and explain issues related to the inspection contents;
c) Inspect goods, means and tools for production and business; inspect the place of production, business and storage of goods related to the inspection contents;
d) Collect documents, evidences, explanations of the representative of the organization or individual to be examined at the place of inspection;
d) Take samples of products, goods, material evidences and means showing signs of violation to solicit expertise and testing in accordance with law;
e) Apply according to its competence or propose to competent persons to apply measures to prevent and ensure the handling of administrative violations in accordance with the law on handling of administrative violations.”
Accordingly, when conducting the inspection, the inspection team can only perform the inspection task according to the previously announced inspection decision. The inspection team has the right to request the people working with the inspection team, to request the provision of papers and documents related to the inspection contents, to inspect the goods, to collect documents, to take product samples, etc. as specified above.
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