Circular 26/2013/tt-Bct: Model Regulations Thereon, Decided To Use In Performance Testing And Sanctioning Administrative Violations Of Market Management

Original Language Title: Thông tư 26/2013/TT-BCT: Quy định về mẫu biên bản, quyết định sử dụng trong hoạt động kiểm tra và xử phạt vi phạm hành chính của quản lý thị trường

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
MINISTRY OF COMMERCE
Numbers: 26 /2013/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 30, 2013

IT ' S SMART

The regulation of the border pattern, the decision to use in the test operation

and sanctiate the administrative breach of market management

______________________

The Administrative Administrative Processing Law on June 20, 2012;

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;

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 of Protocol 81 /2013/NĐ-CP July 19, 2013 by the Government of the Government rules out certain things and measures the implementation of the Administrative Violation Disposal Law;

On the recommendation of the Director of the Bureau of Market Management;

The Minister of Public Works issued a regulatory issue of the border, decided to use in the inspection and sanctipation of the administrative breach of the Market Management.

What? 1. The adjustment range

This message rules:

1. The compiled pattern, the decision to use in the audit operation and the written form, the decision (after this is the impression) used in the administrative violation operation of the Market Management.

2. Management in print, issuing, use, delivery, payment, consumption of the print-only issue of Market Management.

What? 2. Subject applies

1. Agency, civil service and the person working at the Market Management Authority of the levels.

2. Personally, the organization involved in the inspection operation and the administrative violation of Market Management.

What? 3. The samples issued only by

A. The samples used only in the test operation:

1. The decision to examine the acceptance of law (MQD01).

2. The Border Protection Act (MBB01).

3. The revised decision, the addition of the decision content to examine the acceptance of the law (MQD02).

B. The samples used only in administrative violation operation:

1. The decision to examine the person according to the administrative procedure (MQD03).

2. The official administrative procedure (MBB03).

3. Decision to explore transport, objects according to administrative procedure (MQD04).

4. The transport version of the transport, the object according to the administrative procedure (MBB04).

5. The decision to discover the burial site, the administrative violation vehicle (MQD05).

6. The receipt of the burial site, the administrative violation vehicle (MBB05).

7. The decision to suspend the administrative procedure (MQD06).

8. Decision to hold on to the funeral, media, paperwork according to administrative procedure (MQD07).

9. The receipt of the burial of the funeral, vehicle, paper according to administrative procedure (MBB07).

10. The decision to extend or renew the period of mourning for the funeral, vehicle, paper according to administrative procedure (MQD08).

11. The sale of the sale of goods, the perishable item (MBB08).

12. (MBB09).

13. Decision to execute the administrative breach (MQD09).

14. The decision to sanctiate unwritten administrative violation (MQD-10).

15. Decision of confiscation of the funeral, vehicle, or destruction of the administrative breach (MQD-11).

16. Funeral receipt, administrative violation (MBB11).

17. Memorabate of destruction or disposal of a funeral, administrative violation vehicle (MBB12).

18. The decision to apply the remediation measure (MQD12).

19. Decision to amend, cancel, suspend, suspend or enforce a part of the decision to punish the administrative violation (MQĐ13).

20. The decision to postpone the execution of the decision to punish the money or decrease, exempt from the administrative violation of the administrative breach (MQĐ14).

21. The direct version of the session (MBB15).

22. The decision to file the fine multiple times (MQĐ15).

23. The decision to return the funeral, vehicle, warrant for the administrative procedure (MQĐ16).

24. The transfer or return of the transfer or return of the funeral, vehicle, paper, and administrative procedure (MBB16).

25. Decision to enforce the execution of the administrative breach (MQĐ17).

26. The forced version of the execution of the decision to punish the administrative breach (MBB17).

C. Other text template uses general for test operation and administrative breach of the administrative breach:

1. The product of product, cargo ((MBB02).

2. The verification or work (MBB10).

3. Funeral manifest, vehicle, paper (MBK13).

4. Border Annex (MPL14).

D. D patterns specified in the A, B and C entries are printed on the white paper white paper blurred yellow and sunflower in the market management, behind the carbon level, the size of 210 x 297 mm (A4 gauge). The main upper hand in the middle of the page is only in the color of the market manager's color. The text on the 1 in the row is black, the second in blue, the third and the fourth in purple. Each type of seal is closed to the book, with several numbers, each with multiple links, and the number of pages and the print available in red in the upper left corner of the index.

Fuck. In the case of an object punishment, there are many administrative violations that do not have enough space to record a prescribed sentence or a penalty case that requires more than 04 major contacts to punish the administrative breach (MQD-10). The right to the right of the penalty can be issued in order to set up the content to decide on the computer, print the A4, and take the number of decisions prescribed by the decision when the decision is to be signed.

What? 4. Print Management, Press release

1. Print management and grade level:

a) the Department of Public Market Management organizes in print management, issued for units, the public office of the Bureau of Market Management for use in audit operation, the administrative violation of the Department of Market Management;

b) The governorate of the provincial market, the city's central city of management, issued only to the units, the officials of the Market Management Bureau for use in testing, the administrative violation of the Market Management Bureau. School.

2. Make the bidding, sign the printing contract only under the rule of law; the contract must specifically specify the responsibility of the printer base in the management of the printed sample, the management of the structure, the amount of print that is only printed, not smuggled or made available in print.

3. The case for the loss of printing only, the body in print, issuing or unit management, the public use of the press must only take a test to clarify the responsibility of the person who loses and dispose of the prescribed discipline, and informed the relevant authorities to prevent it. The use of unauthorized use.

4. The printing budget, the allocated level of the market management agency of the grants issued by the state budget.

What? 5. Use the

1. In-print, prescribed-level publications at this Smart are used by the Market Management Agency to file a case of audit cases, processing of administrative violations in the areas of state management legislation that is legally charged with violation of action by law. Yeah,

2. Only market management officials are assigned by the Head of the Market Management Authority (Chief of the Market Management Bureau, Chief of the Market Management Bureau, Head of the Market Management Team) tasked with controlling the market control, Examination of the administrative breach of the administrative breach, the execution of the administrative breach, the execution of the decision to punish the administrative breach, the application of preventing measures and ensuring the execution of the administrative breach under the rule of the new law. It was issued only to set up a case of an inspection, a violation of the administrative breach.

3. In interdisciplinary control stations, the interdisciplinary inspection team is established by the decision of the competent authority and assigned to the competent authority of the Market Management Authority of the station as station chief, the chief of the crew, using the prescribed-only seal. This is to set up a case of the audit, breach of administrative breach in the event of a competent authority to establish a checkpoint, the inspection team for use.

4. The press used to set up a test case, the execution of the administrative breach must be stamped on the basis of the use of the press as follows:

a) For the impression that the decision was made by the competent authority and stamped it directly, the stamp of the use of the body using the signature of these people. The impression was that the sigman was not allowed to be directly stamped on the basis of the use of the agency on the left corner of the seal (stamped the suspension).

b) For the impression it is not the decision to seal the suspension of the instrument using the impression on the upper left corner below the index sequence.

5. When you are assigned to the press, the market management company must:

a) The correct use of the correct type of press in accordance with the law of law on examination and punishment of administrative violations;

b) Use the impression only from small numbers to large numbers, not being used in the way, parkking. If the number of pressing points is broken, the number of bricks is dropped, and the number of clicks is broken only in the book, and it turns to using the next issue number.

c) The record is only available in a blue or black-ink pen to the top-to-print carbon ink to the following or may be written only on a typewriter, printer in black ink, ensuring that the content between the links must be the same;

d) The record is correct only by regulation, which is not added, less than the content items on the printed form. Whether the item is not written or not empty, it has to cross the unwritable item and the remaining empty section; the case is included with the appendix, a table must be specified with an appendix, an accompanying table;

The publications have many pages, many in which case the use of a compilation or an accompanying table must have the signatures of these people in each page, each of which is only set up;

e) Put in the case file case only stipulated to set up a test case, execute the administrative breach; the editor of the publications is only in the case and other documents related by the regulation of the administrative breach law.

6. Send, save, copy the seal only as follows:

a) For the only three-related edition, the one put in the case file, the contact of the person, the individual, the organization, the examination, the examination, or the verification party, the work, the requirements for the program, and the third in the book. For the impression of only four contacts, the contact file is filed, the contact of the individual, the organization being treated, the third to the penalty and the relevant parties, and the four in the book.

b) The case needs to have an additional issue only set to provide for the relevant parties then the agency uses the main medical copy of the one, has the signature of the person with the main medical copy authority and the stamp of the forensic agency on the legal basis according to the law. the law.

What? 6. Deliver, Payment, destroy

1. When the deal is delivered, the broadcast level is only to open a book that follows the entry, and the press release, and the deployment of the officer and the task force.

2. The checkup, the accounting bar only with the issuing agency; the case of a failure to damage, to lose the issue only issued for use, who is issued, the use of the issue must report only the circumstances specifying the situation, the cause to determine the responsibility. All right

3. The unusable, damaged, unusable or otherwise unusable, the use of the use of the Market Management Authority at 1 Article 4 This is responsible for organizing the recall, inventory, and destruction.

What? 7. prohibited behaviors

1. In and print organization, the release of the issue is not the correct regulation of this message.

2. Use the uncorrect issue of this message to set up an audit plan, sanctipate the administrative breach.

3. Repair, deleting the contents of the records in the press has only misstated the test case, sanctipated the administrative breach for the purpose of the benefit.

4. Self-exchange, purchase, sell, borrow, borrow or make it out, damaging the issue is issued only.

5. Records only, file a case of audit, illegal violation of administrative violations of the law on examination, sanctipation of the administrative and regulatory violations of this message.

What? 8. Other administrative texts

In addition to the prescribed patterns only at this message, the base of the laws of law and the requirements for the inspection, the execution of the administrative breach, the Director of the Bureau of Market Management, the Mayor of the Market Management Bureau of the Market Regulation others to use the unification of the test operation, sanctipate the administrative breach of the internal organs of the body.

What? 9. Market Management Office

1. The printing organization, issued only by regulation at the point a 1 Article 4 of this message; organizes the printing of the printing only for the Department of the Provincial Market Management, the central city of central to demand.

2. The acting career guide points to the market management authority of the prescribed levels of the law on inspection, handling of the administrative breach and regulation of this Information.

3. Watch, check the print, release, use, record an issue in the test operation, sanctiate the administrative breach of the Market Management Agency.

4. Report the Secretary of State for the Ministry of Public Affairs, which proposes corrects, preventing violations in printing, issuing, administing, using the issue of the market management agency of the levels and modifications, compleming the regulation of the issue only when necessary.

What? 10. Market Management Responsibility

1. Print Order, release only by regulation at the point b 1 Article 4 of this Information.

2. Watch, check on the management, use of the issue; the career guide to the record, the audit of the audit, the administrative violation of the Local Market Management pursuits to the law of the examination, the handling of the administrative breach and the regulation of the law. This is private.

3. Report the print, issue of the Market Management Market Management Bureau, which uses the issue only under the regulation at this Smart; proposes management measures, use of the impression and modification, replenelated when necessary.

What? 11. Terms of execution

1. This message was effective from 1 January 2014.

2. This information replaces the Digital 19 /2011/TT-BCT June 6, 2011, of the Minister of Commerce of the Ministry of Commerce, the decision to use in the inspection operation, the administrative violation of the Market Management Authority.

3. Department Chief of Staff, Director of the Bureau of Market Management, Head of the Department of Subordinated Ministries, Director of the Department of Commerce, Chief of the Department for Market Management of the Provinces, Central City and Public Market Management Agency the responsibility for the organization to do this ./.

KT. MINISTER.
Chief.

(signed)

Xiao Tú