Vietnam: Procedures for enforcing the search decision by market surveillance authorities

According to the Circular No. 27/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, procedures for enforcing the search decision and handling of search result by market surveillance authorities are specified as follows:

1. Issuance of search decision

- Regarding every case of body search, search of means of transport and objects, search of places where exhibits and/or means of administrative violations are hidden according to administrative procedures (hereinafter referred to as search cases), a search decision made by the competent person is required, except for the case specified in clause 2, clause 2, Article 127 or clause 3, Article 128 of the Law on handling of administrative violations of Vietnam.

- The competent person of the market surveillance authority shall only issue a search decision when it meets the following requirements:

+ The search case falls under his/her jurisdiction, geographical area or field designated;

+ He/she has a search plan in place as prescribed in Article 30 of Circular No. 27/2020/TT-BCT or there are grounds to believe that if the search is not conducted immediately, exhibits and means of administrative violation will be dispersed or destroyed.

2. Procedures for enforcing the search decision and handling of search result

- Procedures for enforcing the search decision, taking report of body search according to administrative procedures, report of search of means of transport and objects according to administrative procedures and report of search of places where exhibits and/or means are hidden, and taking report of administrative offense report and penalties imposed shall comply with the law on handling of administrative violations.

- The processing of search result, verification result; forwarding, receipt and submission of case files of administrative violations for penalties imposed; documenting, revision and archival of case files of administrative violations and information confidentiality are similar to the inspection activities specified in Articles 19, 20, 22, 23, 24, 25, 26 and 27 of Circular No. 27/2020/TT-BCT.

3. Application of measures to temporarily seize exhibits, means, licenses and practice certificates according to administrative procedures, temporarily detain persons according to administrative procedures and escort offenders

- The chief inspector shall apply, according to their competence, or propose competent persons to apply measures of temporary seizure of exhibits, means, licenses or practice certificates according to administrative procedures, temporary detention of persons according to administrative procedures, or escort offenders when there are grounds specified in the Law on handling of administrative violations. The proposal is made in writing or written in the search report, the search report of the inspectorate.

- Competence and procedures for the application of measures to temporarily seize exhibits and means of administrative violations, permits, practice certificates, detain persons according to administrative procedures and escort offenders shall comply with regulations of the law on handling of administrative violations.

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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