Sample decision on inspection in production and sales of goods and services of Market Management in Vietnam

Sample decision on inspection in production and sales of goods and services of Market Management in Vietnam

Based on Form 1, Part I, Appendix issued together with Circular 22/2021/TT-BCT (Effective from February 1, 2022) regulating the sample decision to inspect legal compliance in production, Market Management's goods and services business are as follows:

DECISION

Checking compliance with laws in production and trading of goods and services*

Pursuant to the 2016 Market Management Ordinance;

Pursuant to Circular No. 27/2020/TT-BCT dated September 30, 2020 of the Minister of Industry and Trade regulating the content, order and procedures of inspection activities, handling of administrative violations and implementation of Professional measures of the Market Management force have been amended and supplemented according to the provisions of Circular No. ../.../TT-BCT dated .... month.... year of the Minister of Industry and Trade;

Base…….............................................. ................ (3) ……………………………………….;

Basis ………………………………………………… (4) ……………………………………….;

Pursuant to the Decision on delegation of authority to issue inspection decision No.……….. (5)…… /QD-GQ dated ……….. month…… year …….. of……………… ………………………………………….;

DECISION:

Article 1. Checking the compliance with the law in the production and trading of goods and services for: …………………………………………………..(6)…… ……………………………………………

Address: ………………………………………....(7)…………………………………………………

Inspection location: ……………………………..(8) ……………………………………………….

Inspection content:…………………………...(9) ……………………………………………….

Inspection time limit: …….working days, from date…………….month………….year………..

Article 2. Establishment of an Inspection Team led by Mr./(Mrs.):

Act as Head of the Inspection Team with the following members:

…………………………………………………(10) ………………………………………………

Organize the implementation of this Decision.

Article 3. This Decision takes effect from the date of signing and is delivered to the individual/representative of the inspected organization named in Article 1 for implementation. The inspected individual/organization has the rights and responsibilities as prescribed in Articles 30 and 31 of the 2016 Ordinance on Market Management and has the right to complain or initiate an administrative lawsuit against this Decision according to the provisions of law./.

 (**) The decision was delivered directly to Mr. (Mrs.) .... is .... at.... hour.... minute, day.... ......./........../..........

_____________________________________

Note:

* This form is used to make inspection decisions according to the provisions of Article 19 of the Ordinance on Market Management and Circular No. 27/2020/TT-BCT.

** Applicable in cases where the decision is delivered directly to the individual/representative of the inspected organization or authorized person according to the provisions of law: in cases where these people are not present at the inspection site. The investigation shall be handed over directly to the representative of the commune-level People's Committee or the representative of the commune-level police agency.

(1) Write the name of direct managing agency (if any) and the name of the agency of the person with decision-making authority.

(2) Record the place name according to the provisions of Decree No. 30/2020/ND-CP.

(3) Write the full name of the document type; numbers, text symbols; date, month and year of issuance of the document; name of the issuing agency and name of the document stipulating the functions, tasks, powers and organizational structure of the agency of the person competent to issue the inspection decision.

(4) In case of planned inspection: write the full name of the Inspection Plan and the decision to issue the Inspection Plan of the competent person. In case of unexpected inspection: write the full name, number, and symbol of the Inspection Plan; date, month, year of issuance of the Inspection Plan and name of the agency issuing the Inspection Plan; For unscheduled inspections in emergencies according to the provisions of Circular No. 27/2020/TT-BCT, write the full name of the inspection proposal of the civil servant on duty or the inspection request document. investigation by competent state management agencies specified in Points b and c, Clause 2, Article 20 of the Ordinance on Market Management, document numbers and symbols; date, month and year of issuance of the document; The name of the civil servant making the written request or the name of the state management agency with authority to issue the written request.

(5) In case the deputy is assigned authority, write in full the Decision on delegation of authority to issue inspection decisions; number, symbol, date, month, year of issuance and position of the person issuing the Decision.

(6) Write the full name of the organization or individual being inspected or the production or business establishment being inspected.

(7) Write the address of the organization's head office or the registered address of the business household's headquarters (if any) or the address of the inspected production and business establishment. In case of an unexpected inspection and it is not possible to determine the registered address of the head office of the business organization or individual or the production or business establishment being inspected, only the inspection location should be recorded.

(8) Record the address of the inspection location.

(9) Record the correct inspection content stated in the approved or promulgated inspection plan or inspection plan or correct content directly related to violations of the law or signs of violations of the law.

(10) Record the full name and identification number of each Market Management official who is a member of the Inspection Team and the person appointed by the coordinating agency or unit to participate in the inspection with content related to expertise and state management operations of many industries and fields as prescribed in Clause 2, Article 36 of the Ordinance on Market Management.

Best regards!