Vietnam: Guidance on receipt and processing of reports in surveillance authorities

Circular No. 27/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam guides the receipt and processing of reports as follows:

1. Except as provided in section 2 and section 3, the market surveillance officer shall receive reports on existing or potential violations as prescribed in Article 8 of Circular No. 27/2020/TT-BCT and then forward them to the head of the superior market surveillance authority for handling.

The report shall be made in writing for the cases:

- Reports on existing or potential violations from means of mass media;

- Reports, claims, complaints, and whistleblowing reports of consumers or other entities on existing or potential violations.

2. Promptly after receiving the report in Article 8 of Circular No. 27/2020/TT-BCT, the head of the market surveillance authority that has competence to make an inspection decision (hereinafter referred to as inspection decision-maker) shall take the following actions:

- Personally issue, or authorize the deputy or require the inferior inspection decision-maker to issue, an inspection decision within their designated authority, location or field and take further actions as prescribed in clause 2 Article 8 of Circular No. 27/2020/TT-BCT, unless he/she deems that the request for inspection of the officer on duty has not well-grounded to issue such an inspection decision.

- Designate a market surveillance officer to gather and verify the information or supervise the business operation with potential violation (hereinafter referred to as supervise) as prescribed in Articles 35 and 36 of Circular No. 27/2020/TT-BCT in relation to information mentioned clause 3 Article and he/she deems that the request for inspection of the officer on duty has not well-grounded to issue such an inspection decision.

3. If the head of market surveillance authority who receives the report on existing or potential violation in Article 8 of Circular No. 27/2020/TT-BCT is not an inspection decision-maker or the matter in the report does not fall under his/her jurisdiction, place or field designated, he/she shall take the following actions:

- If such report does not fall under administrative jurisdiction of market surveillance authorities, he/she shall personally forward, or guide the report maker to forward, the report to the competent authority or person as per the law;

- If such report falls under administrative jurisdiction of market surveillance authorities, he/she shall, without delay, forward the report to the head of other market surveillance authority who is also an inspection decision-maker within their designated jurisdiction, place or field as prescribed in section 2. The report forwarded shall be also sent to the heads of superior market surveillance authorities of both persons from and to which the report is forwarded for handling.

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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