THE MINISTRY OF INDUSTRY AND TRADE
Circular No. 09/2013/TT-BCT dated May 02, 2013 of the Ministry of Industry and Trade on inspection and administrative violation sanction activities of market management offices
Pursuant to the Law on handle administrative violations dated June 20, 2012;
Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade
Pursuant to the Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks and powers of market management and the Decree No. 27/2008/ND-CP dated March 13, 2008 of the Government on amending and supplementing the Decree No.10/CP dated January 23, 1995 of the Government on the organization, tasks and powers of market management,
At the proposal of Director of Market Management Department,
The Minister of Industry and Trade promulgates the Circular on inspection and administrative violation sanction activities of market management offices,
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular on inspection and administrative violation sanction activities of market management offices including:
a. Objects and contents of inspection; forms and basis of inspection; competence to issue decisions on inspection; inspection group; responsibilities of heads of market management agencies competent to issuance of decision on inspection and responsibilities of market management officers of inspection group and participants assisting the inspection group;
b. Formulation, issuance or approval of inspection plans;
c. Receipt and handling of information on acts violating law or signs of violating law;
d. Orders of and procedures for inspection and sanction of administrative violation.
2. Activities of inspection and administrative violation sanction of market management agencies in industrial property field shall comply with laws on industrial property and provisions in this Circular.
Article 2. Subjects of application
1. Agencies, officers in charge of market management.
2. Agencies, organizations, individuals involving the inspection and administrative violation sanction activities of market management offices.
Article 3. Principles of inspection and administrative violation sanction
1. The inspection and administrative violation sanction activities must comply with laws on inspection and administrative violation sanction, and provisions in this Circular.
2. The inspection and administrative violation sanction activities of market management office aim to ensure the compliance of law on trade and industry of organizations and individuals engaged in business activities in market; to detect, prevent and handle timely acts of administrative violation in business activities in market; to contribute in production development, market stabilization, expansion of goods circulation; to protect lawful rights and interests of businesses and consumers.
3. Observance of mission regulations and proper utilization of forms of the minutes and decisions (abbreviated as prints) in accordance with regulation in the inspection and administrative violation sanction activities.
4. The inspection and administrative violation sanction activities must have basis, ensure objectiveness, justice, in accordance with functions, tasks and powers of market management offices and in accordance with law.
