Vietnam: Handling verification result of market surveillance authorities

According to the Circular No. 27/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, except for the case of inspection at the request of the competent person specified in clause 4, Article 13 of this Circular, within 03 business days from the date of completion of verification, the inspection decision-maker must make a conclusion regarding the case and handle as follows:

- If no existing violation is found, he/she must notify the inspected entity in writing according to  point d, clause 4, Article 27 of the Ordinance on Market Management of Vietnam;

- If an existing violation is found, he/she must direct the taking of administrative offense report and issue a penalty decision under his/her jurisdiction, 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 this Circular No. 27/2020/TT-BCT;

- If a potential criminal violation is found, he/she shall forward the offense case file to the criminal proceedings agency for further criminal prosecution as provided in clause 2 Article 22 of Circular No. 27/2020/TT-BCT.

In case of inspection at the request of the competent person specified in clause 4, Article 13 of Circular No. 27/2020/TT-BCT, within 02 business days from the date of completion of verification, the inspection decision-maker must report the verification result to the competent person to make a conclusion regarding the case.

View more details at the Circular No. 11/2012/TT-BTP of the Ministry of Justice of Vietnam, effective from December 20, 2012.

Le Vy

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