Circular 34/2014/tt-Bct: Regulations On The Work Of Coordination Between Regulators To Market Levels In Test Operation And Handling Administrative Violations

Original Language Title: Thông tư 34/2014/TT-BCT: Quy định về công tác phối hợp giữa cơ quan Quản lý thị trường các cấp trong hoạt động kiểm tra và xử lý vi phạm hành chính

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DEPARTMENT OF COMMERCE
Number: 34 /2014/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 15, 2014

IT ' S SMART

Q coordination of coordination between the Market Management Agency

the levels in the audit activity and disposal of administrative violations.

________________

Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

The Administrative Administrative Processing Act of 2012;

Base of Decree No. 10 /CP on 23 January 1995 by the Government on the organization, mission and powers of the Market Management and the Digital Protocol. 27 /2008/NĐ-CP March 13, 2008 of the Government amended, complements some of the provisions of Decree No. 10 /CP on 23 January 1995 by the Government on the organization, mandate, and powers of Market Management;

Base Decision Base 65 /2010/QĐ-TTg October 25, 2010 by the Prime Minister of the Government enacted the Regulation of Accountability and Coordination of Operations between the state governing bodies in defence, anti-smuggling, counterfeit goods and commercial fraud;

On the recommendation of the Bureau of Market Management,

The Minister of Labor Department of Commerce provides regulatory coordination between the market management agency of the levels in the operation of the inspection and disposal of the administrative breach.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This privacy rules rules, methods, jurisdiction, coordination requirements, and coordination of specific coordination between the market management agency of the levels in the operation and execution of the administrative breach.

What? 2. Subject applies

1. The market management agency of the Department of Commerce in the Department of Commerce (later called the Market Management Bureau) and the Provincial Market Management Bureau, the central city (later called the Market Management).

2. Public Market Management in the Market Management Agency.

3. Organization and individuals are involved in the coordination of coordination between the market management agency of the levels in the audit operation and disposal of the administrative breach.

What? 3. The principle of coordination in the operation of testing and disposal of administrative violations

1. Do coordination in the test operation and disposal of the administrative breach is the responsibility and obligations of the Market Management Authority of the levels.

2. The coordination must follow the right function, mandate, the powers of the Market Management Authority to be delivered; comply with the provisions of the law on the inspection and disposal of the administrative and regulatory violations of this Information.

3. Make sure that coordination is well-conducted, quickly, effective, not overlapping; detection, prevention and process of timely violation by law.

4. The presiding market governing body is responsible for the primary responsibility for the coordination or disposal of administrative violations; the body of market management is required to coordinate with strict coordination responsibilities, in time at the request of the presiding agency; The problem that arise in the process of coordination and execution of the administrative breach must be exchanged, unified to timely resolve on the basis of function, duty, authority of each organ, and by the rule of law.

5. The content involved in the coordination of the audit and handling of the administrative breach under the provisions of this Act must be secured under the provisions of the law and of this Information.

Chapter II

CONTENT, METHOD, AUTHORITY

AND THE PROCEDURE REQUIRES COORDINATION.

What? 4. Coordinate Content

1. Gather information, reconnaissance, track detection of breach and exchange objects, provide information about the alleged violation or signal breach of the administrative breach.

2. Make the inspection decisions of the market regulator.

3. Apply the deterred measure and ensure the handling of the administrative breach at the request of the Market Management Bureau.

4. Verify verification, document collection, evidence, and other details to consider the handling of the administrative breach.

5. dispose of the administrative breach and enact disposal decisions, sanctipated the administrative breach.

6. enforce the decision to punish the administrative violation or the decision to process other administrative practices under the rule of law.

What? 5. Coordination Method

1. Send the public in coordination.

2. The vehicle layout, support engine and other equipment serve in coordination.

3. The business layout or the business advance serves the coordination.

4. Exchange, consistency of content, coordination method.

5. Make other specific coordination requirements.

What? 6. Authority to request coordination

1. Authority requires coordination in the operation of testing and disposal of the administrative breach of the Market Management Authority of the levels:

a) The Director of the Bureau of Market Management or the Deputy Director of the Market Management Bureau is issued by the Secretary of the Administration to examine and dispose of the administrative breach in accordance with the rule of law;

b) The Head of the Anti-Traffing Prevention, Head of the Anti-counterfeit Prevention Department, Head of the Department of Commodity Quality Control in the Department of Market Management or Deputy Head of the Department said on the head of the administration department to issue a decision to check. and dispose of the administrative breach in accordance with the rule of law;

c) The chief branch of the Market Management Bureau or the Deputy Chief of the Market Management Bureau is issued by the Chief of the Governing Body, which decides to examine and dispose of administrative violations by the rule of law.

2. The required base of the test operation and execution of the administrative breach, who has the authority to rule at 1 This Article determines the content, the specific coordination method according to the regulation of this Information; is responsible to the head of the Market Management Authority. The school is on direct and before the law on the coordination requirements of the decision.

What? 7. The procedure requires coordination

1. A coordinated request in the operation and disposal of the administrative violation of the market management agency of the competent authorities of the prescribed authority at paragraph 1 Article 6 of this Information.

2. Text-to-coordinate request must have the following key content:

a) The organ name is required to coordinate;

b) Content request coordination;

c) The method of coordination;

d) The time of execution required coordination;

Other requirements are associated with coordination content;

e) Name, title, signature of the authority of the authority to request coordination.

3. The coordination case required to secure the information, the text requires a combination of "honey" upon the release and record of the "honey" sign on the text envelope.

4. Unless the specified case at paragraph 5 This, the submission, receive, processing the text request coordination is as follows:

a) The coordination request text must be submitted to the body that is required to coordinate prior to the time of coordination of at least 7 working days;

b) When receiving a coordinated request text, the Mayor of the Market Management Authority is required to coordinate the responsibility of handling the right content of coordination and organization implementing the coordination requirements of the Market Management agency that already has a written text. coordination requirements;

c) The case with the grounds that the coordination requirement is not true to the regulation of the law or the unimpediable event then the mayor of the Governing Body is required in coordination with the right to refuse to carry out the coordination requirement and be held accountable to the law. the law of rejection. The refusal to be notified by telephone to the head of the office of market management required coordination and by text stating the base, the reason to refuse in the pre-term period of at least 02 days at the time of coordination.

5. The case of coordination coordination at paragraph 3, paragraph 4 Article 10 and Article 11 of this Information, the submission, receive, processing of the text request coordination is as follows:

a) The coordinated request text must be required by the authority to coordinate the message via the phone to the agency ' s Chief Minister who is required to coordinate and submit directly in the shortest time immediately after the board to the agency is required to coordinate;

b) When receiving a coordinated request text, the Mayor of the Market Management Authority is required to coordinate the responsibility of handling the right content of coordination and organization implementing the coordination requirements of the Market Management agency that already has a written text. coordination requirements;

c) The case with the grounds that the coordination requirement is not true to the regulation of the law or the unimpediable event then the mayor of the Governing Body is required in coordination with the right to refuse to carry out the coordination requirement and be held accountable to the law. the law of rejection. The refusal had to be notified by telephone to the head of the office of market management requirements for coordination and by text stating the base, the reason to refuse for the delay of 2 days from the time of a coordinated refusal.

What? 8. Announces coordinated results

At the conclusion of the coordination of the audit and disposal of the administrative breach, the coordination of the Coordination Market Management Authority must inform the effective text of the audit, handling the administrative breach for the Market Management agency to be required to coordinate.

Chapter III

SPECIFIC COORDINATION CONTENT

What? 9. Coordination of information gathering, reconnaissance, tracking detection of violation and exchange, providing information about the alleged violation or breach of administrative breach.

1. According to the specific requirement and the functional base, the mandate, the powers of the Market Management have been regulated by law, the market management agency of the co-ordinated grants that perform the collection of information, reconnaissance, tracking detection of violation and exchange, provide information about the breach or signal breach of the administrative breach.

2. Coordination of information gathering, reconnaissance, tracking detection of violation and exchange, providing information about the violation of the breach or showing signs of administrative breach of content:

a) The organization collects information on the market situation, the law enforcement situation, the violation of the law, the act, the law, the activities of the objects that perform violations of the law on the jurisdiction.

b) The scouting organization, which monitors organizations, lines, groups, lines, key sites related to manufacturing, shipping, importing goods, counterfeit goods, counterfeit goods, and other commercial fraud behaviors to detect objects that have infringed or violated subjects. a sign of violation of the law;

c) The exchange, which provides information about the alleged violation or signs of administrative violation on the local table of management or occurs in other locations involved in conducting testing, processing or directing testing, processing.

What? 10. Coordinate implementation of the inspection decision of the Market Management Agency

1. The base to the plan has been approved or required to check out the breakthrough according to the particular incident, the Market Management agency the co-ordinated organization makes the decision to check as follows:

a) The Bureau of Market Management issued a decision to examine and ask the Market Management Expenditures where the co-ordinated participation check is conducted;

b) The Market Management Bureau issued a decision to check on the site and recommended that the Market Management Department participate in the coordination of the inspection;

c) The Market Management Authority issued the decision to test as the presiding officer of the inspection.

2. Coordination in the implementation of the inspection decision of the market management agency includes the content:

a) Impleming the planning or examination method of the presiding market management agency for the subject examined;

b) The organization of force, coordination of coordination, support for professional expertise to implement the inspection decision of the presiding market management agency;

c) Only the person with the authority to enact and the organization implement the decision to apply the deterred measures, ensuring the treatment of the administrative breach in accordance with the rule of law when necessary;

d) Set up the audit, compile the administrative breach in accordance with the law of the law on the examination.

3. During the implementation of the inspection decision by the Bureau of Market Management, if it is necessary to issue a decision to apply the prevention of deterred and ensure the processing of administrative violations by the rule of law, the coordination is done as follows:

a) Based on the situation of the ongoing investigation, those with the authority to request the coordination of the Department of Market Management have the right to request that the Market Management in order to coordinate the board of directors with the authority of the executive order and the organization to execute the decision. A man, a man, and a man, to examine the means of transportation, and to the things that follow the administrative procedure, and to examine the burial of the administrative breach (the law of the law), according to the law;

b) The base to the results of the examination, the board of the decision to examine the receipt of the examination and the transfer of the investigation into the case of the investigation to the Bureau of Management continues to carry out the rules of the law;

c) Based on the results of the examination and test results, the authorities of the Bureau of Market Management issued a decision to suspend the funeral, vehicle, paperwork according to the administrative procedure when necessary and the organization to carry out the procedure under the rule of law.

4. In the event that the organization needs to be held in accordance with the rule of law, the coordination is done as follows:

a) Based on the situation of the need for inspection, the person with the authority to ask for a co-ordination of the Market Management agency has issued a decision to check the right to request the right of a coordinated market regulator at a point a and b paragraph 1 Article Hey.

b) Based on the coordination requirement, the coordination market management agency must direct, the organization performs immediately in accordance with the regulation.

What? 11. Coordinate the application of preventing and ensuring the handling of the administrative breach at the request of the Market Management Bureau.

1. Based on the information that has been investigated, verified, or in case of need to be issued immediately under the rule of law, those who have the authority to request coordination of the Bureau of Market Management have the right to request it immediately. It is a co-ordinated case that the authorities have the authority to issue and organize the decision to examine the laws of law.

2. Coordination in the implementation of the decision to apply deterred and ensure the processing of the administrative breach of the content:

a) Build and organize the implementation of the institution of the presiding body;

b) Support for professional expertise when implementing a decision to apply deterred and ensuring administrative breach of the administrative breach;

c) The organization of the force, the coordination vehicle layout for the implementation of the decision to adopt deterred measures and ensure the handling of the administrative breach.

3. The Market Management Bureau is the presiding agency, the Market Management Bureau is the co-ordinated unit in the implementation of the decision to apply the prevention and ensure the handling of the administrative breach.

What? 12. Coordinate the verification of verification, collection of documents, evidence and other conditions to consider the handling of the administrative breach.

1. The background on the details of the incident is conducting an inspection or processing of information according to the regulation, the Market Management agency of the co-ordination in the appraisal, verification of the breach of the administrative breach.

2. Coordination in the appraisal, verify the incident include the contents:

a) Examine, verification, and processing of information about violation of the law or a sign of violation of the law as a base of the decision to examine or apply a deterred violation by law;

b) Examine, verification, collection, document addition, proof of violation of law as a base for disposal, handling of administrative breach.

3. The Market Management Agency is conducting an inspection that the presiding agency sends a coordinated request to the relevant market management agency to request coordination in the appraisal, verification of the incident.

4. The local market management agency needs to coordinate with the Bureau of Market Management to conduct the examination, verify the case of the inspection, the handling of which is related to multiple sites or contacts, the interregion, the coordination is done as follows:

a) The proposed base of the Market Management agency is examining, handling the incident, the Department of the Presiding Market Management sends a coordination requirement to the relevant market management agencies to participate in the coordination;

b) The Market Management Agency is required to coordinate the implementation of the regulatory requirement content;

c) The combined results in the appraisal, verify the case reported by writing with the Bureau of Market Management to direct the inspection, process, and inform the local market management agency with a coordinated request.

What? 13. Coordinate the administrative breach and enact disposal decisions, sanctipated administrative violation.

1. The presiding officer Market Management Authority rules at Article 9 and Article 10 This information is responsible for handling the administrative breach and issuing decisions regarding the handling of the administrative breach.

2. The case of the case in accordance with the regulation at Article 10 of this Information exceeds the jurisdiction of the administrative violation of the Chief Executive Branch of the Market Management Bureau, which makes the transfer of the case to the Bureau of Management Market Management. the administrative breach and the issuing of decisions regarding the handling of the administrative breach.

3. During the processing of the incident, the Market Management agency is responsible for handling the administrative breach and issuing decisions related to the handling of the act of information exchange actively exchanging information, uniforming the handling of the treatment with the governing body. coordination of the law and regulation of the law. If there is a different opinion on the topic of handling, the form of treatment is done in accordance with the direction of the Director of the Bureau of Market Management.

What? 14. Coordinate the implementation of the decision to punish the administrative violation or other administrative treatment decisions under the rule of law.

1. The content base decides to punish the administrative breach or the decision to process other administrative practices and by the regulation of the law, the Market Management Authority of the Coordination Holds to enforce the decision to enforce administrative violations or the decision to execute. The other administration of the Market Management Agency.

2. The co-ordination of the implementation of the decision to punish the administrative violation or other administrative processing decision of the Market Management agency includes the content:

a) The submission of the submission, the decision of the decision to punish the administrative breach or the decision of another administrative process to hold the implementation under the provisions of the Administrative Disposal Disposal Law of 2012;

b) The officer of the coordination of the governor, which monitors, oversees the enforcement of the decision to punish the administrative breach or the decision to process other administrative actions;

c) Coordination of the procedures for confiscation of the burial, the means of violation of the administrative or return of mourning, the means, the paper held by the administrative procedure;

d) Coordinate review, addressing complaints or charges related to the examination and disposal of administrative violations if available.

Chapter IV

EXECUTION CLAUSE

What? 15. Cost of execution

The funding of performing coordination work in the operation of testing and processing of administrative violations between the market management agency of the levels is issued from the budget source in the audit budget audit, which handles the annual administrative breach of each Market Management agency. The rules of the law.

What? 16.

1. This message has been in effect since December 1, 2014.

2. This information replaces the number Decision 0471 /1998/QĐ-BTM April 20, 1998, of the Minister of Commerce for the promulgation of the Coordination of Work coordination between the Department of Provincial Market Management, the city's central city.

What? 17. Organization to execute

1. The Director of the Bureau of Market Management is responsible:

a) Popular, radical, radical and organizational implementation of this announcement for the agencies and civil officials of the market management force;

b) Track, general, guide, check out the Market Management Expenses in organizing this Information;

c) periodically summup, evaluation, withdrawal; reporting of this information implementation by regulation; proposals with Minister of Trade in the revised, suppleming of this Information when necessary;

d) Resolve the complaint, denouncing the coordination in the audit operation, the handling of the administrative breach conducted by the Bureau of Market Management carried out by the rule of law.

2. The Director of the Department of Commerce has the responsibility of tracking, mdon, check on the Market Management Bureau in the implementation of this Information.

3. The Mayor of the Market Management Bureau is responsible:

a) Popular, radical, radical and organizational implementation of this Notice for Subordinated Units and Public Market Management; tracking, kdon, guiding, checking out the local market management force in organizing the implementation of the Company. Hey!

b) Depending on the content, requirements of coordination, in each of the specific time and conditions of each locality, the Genera Plan To Coordinate Specific Work, regularly evaluate, withdraw the experience of the coordination of the work;

c) Overall, the report results in coordination and the situation that implement this Information to the Bureau of Market Management by regulation;

d) In response to the Market Management Bureau, the Ministry of Commerce of Difficulties, entangled in the process of organizing this Information and proposing content to be modified, added when needed.

KT. MINISTER.
Chief.

(signed)

The White Sea.