Guidance for the enforcement of inspection decision of market surveillance authorities in Vietnam

According to the Circular No. 27/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, enforcement of inspection decision of market surveillance authorities is specified as follows:

1. An inspection decision shall be enforced as per clause 3 Article 19 of the Ordinance on Market Management of Vietnam. If, when the inspection decision is enforced, the inspected entity’s business is not operated or suspended, the inspectorate shall take a record to document the failure to enforce the inspection decision with the presence of the representative of the People’s Committee of commune or police office of commune, and then report it to the inspection decision-maker for consideration.

2. At the beginning of the inspection, the chief inspector must initiate the following procedures:

- Present the market inspection card; publish and assign the inspection decision to the inspected individual or the representative of the inspected entity;

- Notify the inspected individual or the representative of the inspected entity of the composition of the inspectorate and witnesses (if any);

- Request the inspected individual or the representative of inspected entity to abide by the inspection decision of the competent person and work with the inspectorate;

- In case the inspected individual or the representative of the inspected entity is not present at the inspection site, the inspectorate shall still announce the inspection decision and conduct the inspection in the presence of the representative of People's Committee of commune or representative of police office of commune and witnesses.

3. The tasks and powers of the inspectorate, the responsibilities of the chief inspector and members of the inspectorate, on inspection duty, shall comply with  Articles 24 and 25 of the Ordinance on Market Management of Vietnam.

4. Rights and responsibilities of the inspected entity are specified in Articles 30 and 31 of the Ordinance on Market Management of Vietnam.

View more details at the Circular No. 27/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from December 01, 2020.

Thuy Tram

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