Forms of examination examination and specialist inspection by market surveillance officers in Vietnam

Forms of examination examination and specialist inspection by market surveillance officers in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Scope of examination and specialist inspection by market surveillance officers in Vietnam

Scope of examination and specialist inspection by market surveillance officers in Vietnam under Article 17 of the Ordinance on Market surveillance 2016 is as follows:

- The legal compliance of entities trading goods and commercial services in the market shall be examined.

Market surveillance officers, when inspecting goods and detecting infractions, shall be entitled to examine production facilities and implement actions as per the laws on settlement of administrative infractions.

- Production facilities operating in sectors under the management of the Ministry of Industry and Trade shall be examined.

- Other entities' adherence to laws shall be examined according to the Government's authorization of market surveillance officers' examination and actions against administrative infractions.

2. Forms of examination examination and specialist inspection by market surveillance officers in Vietnam

Forms of examination and specialist inspection by market surveillance officersaccording to Article 18 of the Ordinance on Market surveillance 2016 are as follows:

- Periodic examination.

- Specialized examination.

- Ad-hoc examination.

3. Decision on examination and specialist inspection by market surveillance officers in Vietnam

Decision on examination and specialist inspection by market surveillance officers under Article 19 of the Ordinance on Market surveillance 2016 is as follows:

- Examinations must be decided in writing by competent individuals as defined in Article 21 of the Ordinance on Market surveillance 2016.

- A decision on examination must indicate these essential details:

+ The decision’s date of issue;

+ Justifications for the issuance of such decision;

+ Full name of entities and address of sites to be examined;

+ Contents of the examination;

+ Duration of the examination;

+ Full name and position of the leader and members of the examination team;

+ Full name and position of the person issuing such decision.

- A decision on periodic or specialized examination must be executed in no later than 05 working days upon its issuance. A decision on ad-hoc examination must be executed immediately upon its issuance.

4. Foundation of decisions on examination and specialist inspection by market surveillance officers in Vietnam

Foundation of decisions on examination and specialist inspection by market surveillance officers under Article 20 of the Ordinance on Market surveillance 2016 are as follows:

- Decisions on periodic or specialized examination shall be subject to the plans approved or issued by competent authorities. Such a decision cannot be issued twice a year on a similar examination against the same entity. Plans for periodic and specialized examinations must be sent to the entity to be examined and organizations concerned upon their approval or issuance.

- A decision on ad-hoc examination shall be issued in one of these circumstances:

+ Information on entities’ breach of laws or signs of law violations has been verified through mass media, complaints, denunciations, petitions for examination or actions against entities' infractions;

+ Upon requests by state officials on duty;

+ Upon written requisitions by competent government authorities.

5. Authority to issue decisions on examination and specialist inspection by market surveillance officers in Vietnam

Authority to issue decisions on examination and specialist inspection by market surveillance officers in Vietnam under Article 21 of the Ordinance on Market surveillance 2016 is as follows:

- Heads of competent market surveillance agencies as per the Government’s regulations shall make decisions on examination.

- Competent issuers of examination decisions, as stated in Section 1 of Article 21 of the Ordinance on Market surveillance 2016, can mandate their deputies to exercise the authority to issue decisions on examination in the following manner:

+ Mandates for issuance of examination decisions are given regularly or on case basis;

+ Mandates must be given in writing and specify responsibilities, scope, content and duration of such mandates.

+ Individuals mandated shall be responsible to the heads and the laws for their decisions on examination. Individuals mandated cannot invest any person with their mandate.

- Individuals stated in Section 1 and 2 of Article 21 of the Ordinance on Market surveillance 2016 cannot issue examination decisions, grant or obtain mandate for issuance of such decisions if they do not possess a market examination card or have their cards suspended or revoked.

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