Vietnam: Time and place for making inspection report and administrative offense report of market surveillance authorities

According to Article 18 of the Circular No. 27/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, taking of inspection report and administrative offense report is prescribed as follows:

1. Based on the inspection result, the inspectorate shall take and sign the inspection report to document the inspection result and make a conclusion on the inspected matters (if any) right after completing the inspection at the inspection site.

2. The inspection report or administrative violation report shall be taken at the inspection site as follows:

- If every item in the inspection checklist is found compliant with the law, the inspectorate shall take an inspection report to document the inspection result;

- If, in the inspection checklist, all items are found associated with administrative violations, or some items are found associated with administrative violations and some items are found compliant with law and not stipulated in point c of this clause, the inspectorate shall take an inspection report to document the inspection result; take an administrative offense report or issue a decision on penalty for administrative offense without report if the offender receives a warning or a fine of VND 250,000 (for individual) or VND 500,000 (for organization) in accordance with law on actions against administrative violations, except provided for in clause 4 Article 13 of Circular No. 27/2020/TT-BCT;

- If, with regard to an item of inspection checklist, a potential violation requiring further verification, is found, the inspectorate shall take an inspection report to document the inspection result, and propose the inspection decision-maker to conduct further verification to take extra proof as prescribed in Article 35 of Circular No. 27/2020/TT-BCT, adopt preventive and guaranteeing measures per the law.

3. The inspection report shall be made using the given form and comply with the following:

- Upon taking an inspection report, the inspected entity or the representative thereof must be present; if the inspected entity or the representative thereof is absent or intentionally evades, the presence of the representative of the People’s Committee of commune or police office of commune and witnesses are required;

- If the inspected entity or the representative thereof refuses to sign the inspection report, the presence of the representative of the People’s Committee of commune or police office of commune and 02 witnesses are required and reasons for refusal must be documented.

4. Contents of inspection report:

- The inspection report must specify adequate and accurate inspection result as to every item of the inspection checklist; opinions of the inspected entity or the representative thereof, the representative of the coordinating agency, witnesses (if any); assessment, recommendations and proposals of the inspectorate towards the inspection case;

- The inspection report must be fully signed by representatives of the parties involved in the inspection and taking of the inspection report.  In case the report has many pages and many copies, the signatures of these persons must be included on each page and every copy of the report, including the appendix and list enclosed with the inspection report.

Thus, the making of inspection records and minutes of administrative violations in the field of market management must be made immediately after the completion of the inspection at the inspection place.

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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