Circular 29/2011/ttlt-Btc-Bct: A Guide To The Organization Of Coordination Between Inspection Authorities And Market Management Agency Reviews

Original Language Title: Thông tư liên tịch 29/2011/TTLT-BCT-BTC: Hướng dẫn tổ chức phối hợp kiểm tra giữa cơ quan Quản lý thị trường và cơ quan Quản lý giá

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CIRCULAR guide organized in collaboration between the authorities check the market and price management agency _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Ministry of industry and trade and the Ministry of Finance of unification guidelines held in coordination between inspection authorities and market management agency reviews as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the Organization of coordinating testing, test content, and punishments the administrative violations in trade activities and the field between the market administration and management agencies from central to local level.
Article 2. The object that applies to this circular apply to: 1. market management agency include: market management Bureau-Industry Management Bureau, Department of industry and trade, market and market Management Team works on the area of the County, district, town and city in the province, the province, the central cities.
2. Management reviews include: price management Department – Ministry of finance, Department of finance, finance, districts, towns and cities in the province, the province, the central cities.
Article 3. Principle of coordination 1. The test organizational coordination between regulators and market management agency reviews on the basis of the functions, duties, powers and organization of individual agencies from central to local level.
2. Ensure the consistency, timeliness of support each other in the work of inspection sanctioning administrative violations in trade operations and field reviews.
3. The obstacles in coordinating process, the two sides discuss the unified resolve, in accordance with the law.
Article 4. Required when conducting coordinated check 1. Check the right content, to the right audience, has the focus, focus, not troubling, obstacles for the producers, legitimate business, avoid overlapping test status.
2. check, strict processing those violations of the law in commercial activity and field reviews. During the test, the handling is done in the right sequence, procedure, the authority prescribed by law; To prevent effectively the infringements in trade operations and field reviews.
3. Combine test, dealing with the infringement of propaganda, education for the production, voluntary business executive regulations of the law on the management reviews.
Chapter II SPECIFIC PROVISIONS article 5. The case of coordinated organization management agency check the market and price management agency organizing the check is performed in the following cases: 1. Make the direction of authority:-Minister of industry and trade;
-The Minister of finance;
-The Chairman of the provincial people's Committee, the central cities;
-Market management Bureau-Ministry of industry and trade;
-Price management Department-Ministry of finance;
-Market management Bureau (for market Management Team).
2. Check out plan planned coordination between regulators and market management agency has been approved by the authority.
3. sudden inspection organization – When detecting signs of breaking the law in the commercial field and field reviews need to prevent timely test content that requires professional services of each side.
-When the market has unusual fluctuations of supply and demand, prices change mutations due to natural disaster, disease, enemy, fire, economic crises, or in other extraordinary circumstances.
Article 6. Implementation of coordinated test 1. Provide information: market management and price management authorities frequently give each other information serving the combined test is as follows: a) the governing body reviews have a responsibility to provide information to the market management agency in the field of management, as : Pricing policy; The decision to price; The periodic report on the situation of the market price and other issues relevant to the field of management reviews; Measures to stabilize the price of Central and local.
b) market management agency responsible for providing information to the authorities about the prices: the market situation, the prices of goods and services; The periodic report about the test results, handle breaking and other issues related to the activity to check the price.
2. the combined organization When detected the violation of commercial activities and the field, if it deems necessary in the process of checking, processing of violating Professional is required of each party, the market management agency has the right to request the governing body of reviews and price management agencies have the right to request a management agency the field (both central and local) coordinate inspection and handling violation. The Agency is required to be responsible for coordinating the functions, duties and powers prescribed by law.
3. Responsibility of the parties in the process of coordinating testing, based on the situation and the specific incident, the Agency would lead the body that decides the violation processing, check under the authority and responsibility for his decision before the law or report processing authority as prescribed by law.
4. The contents should examine and handle breach: a) decide the price, plans, service merchandise prices in State list price, price stabilization;
b) price listing, public information about price;
c) make registration price, paying for goods in the category are paying the price for registration;
d) observance of specific price, price, price, price of standard frame limited to the authorized agency regulations;
DD) taking advantage of the disaster, the enemy, unusual evolutions or other special difficulties of society to put stores, lifting, squeezing price speculation, excessive price rises cause damage to producers, consumers and the interests of the State;
e) does not comply with the provisions of the law on reporting the purchase price; Sale price; The export price; Import prices; The amount of the merchandise inventory of reserve organizations, individual business with State administration authorities;
g) observance of the provisions on promotional prices of goods, commercial service during promotion;
h) Interior coverage for losses on the market situation, commodity prices, causing psychological services confusion in society and market instability;
I) commercial fraud on packing, measuring, quality of goods and services;
k) cut sales locations; Cut method of sale (from wholesale to retail); Regulations, listing, sales by quantitative, the object of purchase; Cut the time of sale, the time of supply for goods in the category price stabilization when the competent authorities have announced measures to stabilize the price different from the time before the announcement of stabilization measures applicable reviews without reason;
l) violating the rules on price stabilization and other law violations under the authority of the governing body or managing authority market price.
Article 7. Handle violation based violations, depending on the nature and extent of the violation that the Agency market management and price management authorities to apply the provisions on sanctioning of administrative violations and other related provisions in the trade sector and jurisdiction; Proposals for economic measures, with administrative bodies competent to handle.
Article 8. Briefing-Hall mode, report 1. Central market management Bureau-Industry in collaboration with the Department of management reviews – the Ministry of Finance regularly exchange information; 6 months meeting reviews results of coordination between the two units; Summary annual reviews of results in the coordination, the following year's activities and report to the two leaders.
2. local market management Bureau in collaboration with the Department of Finance regularly exchange information; 3, once held the meeting reviews results of coordination between the two units; Summary annual reviews of results in the coordination, the following year's activities and report the provincial people's Committee, the Bureau of market management and price management Department.
Chapter III IMPLEMENTATION article 9. Implementation 1. Industry Affairs Department of management common market, the Organization holds and implement this circular with regard to market regulators.
2. The Ministry of finance allocated popular bid management Bureau, holds and the implementation of this circular for management Reviews.
Article 10. Effective enforcement of this circular is effective as from January 18, 2011 In the implementation process, if there are difficulties and obstacles, the reporting requirements of Industry and the Ministry of finance to supplement, amend this circular accordingly./.