Vietnam: Guidelines for handling inspection result of market surveillance authorities

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

1. Where appropriate, in the course of inspection or based on the inspection result, the chief inspector shall adopt, at their discretion, or propose the competent person to adopt preventive and guaranteeing measures. The adoption of the preventive and guaranteeing measures shall comply with law on actions against administrative violations and Chapter V of Circular No. 27/2020/TT-BCT.

2. Within 02 business days of taking the inspection report, the chief inspector must report and make a proposal for handling of inspection results in writing together with the inspection case file to the inspection decision-maker as prescribed in section 3.

3. Except for the case specified in section 4, right after receiving the inspection case file from the inspectorate, the inspection decision-maker shall consider handling the inspection result as follows:

- If an administrative offense report has been taken as prescribed in point b clause 2 Article 18 of Circular No. 27/2020/TT-BCT, the inspection decision-maker shall, at their discretion, issue a penalty decision if the violation falls under their jurisdiction, or forward the case file to the competent penalty decision-maker as per the law on actions against administrative violations and Circular No. 27/2020/TT-BCT;

- If a potential violation is found but there are inadequate grounds to consider it an administrative violation, the inspection decision-maker shall initiate practices to gather and verify information to take extra proof as prescribed in Article 35 of Circular No. 27/2020/TT-BCT.

4. In case of inspection at the request of the competent person as prescribed in clause 4 Article 13 of Circular No. 27/2020/TT-BCT or, at the same time, the inspected entity is also subject to the inspection and actions taken by another market surveillance authority, the inspection decision-maker shall propose the handling of inspection result to the head of the superior market surveillance authority; forward or receive the inspection case file and initiate practices under direction of the competent person.

The head of the superior market surveillance authority shall direct or decide the gathering and verification of information to take extra proof; make a conclusion regarding the inspection case, direct the taking of administrative offense report and penalties for administrative violations, or request or forward the administrative offense case file to the competent penalty decision-maker as per the law on actions against administrative violations and Circular No. 27/2020/TT-BCT.

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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