Circular 19/2011/tt-Bct: Prescribing The Templates Thereon, Decided To Use In Performance Testing, Sanctioning Administrative Violations Of Market Management Agency

Original Language Title: Thông tư 19/2011/TT-BCT: Quy định các mẫu biên bản, quyết định sử dụng trong hoạt động kiểm tra, xử phạt vi phạm hành chính của cơ quan Quản lý thị trường

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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. 10/CP dated 23 January 1995 from the Government about the Organization, duties and powers of market management and Decree No. 27/2008/ND-CP of August 13, 2008 Government's amendments and supplements to some articles of Decree No. 10/CP dated 23 January 1995 from the Government about the Organization duties and powers of the management of the market;

Basing the Ordinance handling administrative violations on 02 July 2002 and Ordinance amendments and supplements to some articles of the Ordinance on handling administrative violations on 02 Apr 2008;

Pursuant to Decree No. 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008;

Pursuant to article 68 of Decree 6/2008/ND-CP dated 16 January 2008 by government regulation on sanctioning administrative violations in trade activities are modified, supplemented by Decree No. 112/2010/ND-CP on 1st December 2010 of the Government revising, supplementing a number of articles of Decree No. 03/2008/ND-CP Minister of industry and trade rules the templates thereon, decided to use in performance testing, sanctioning administrative violations of market management agency granted in the competent sector sanctioning administrative violations, as follows: article 1. Scope and objects 1. This circular regulates the templates thereon, decision (hereinafter referred to as the template prints), print management, release, allocate, delivery, payment, use the prints in test activities, sanctioning administrative violations of market management agency granted in the competent sector sanctioning administrative violations.

2. Objects include market management Bureau under the Ministry of industry and trade, market management Bureau of the province, central cities, the market management Teams in the provincial market management Department, central cities and officials and public servants in market management agency levels.

Article 2. The sample prints The prints form attached to this circular includes: 1. The decision to check (MS 12).

2. Minutes of the test (MS 2).

3. Decides to visit people under administrative procedures (MS 3).

4. Report the following administrative procedures (MS 12).

5. Decides to visit the means of transport, the items of administrative procedures (MS 12).

6. The minutes of the examination of means of transport according to the administrative procedure (MS 12).

7. Decide to visit the place of hiding evidence and means of administrative violations (MS 12).

8. the report where hiding exhibits, means of administrative violations (MS 12).

9. the custody decision under administrative procedures (MS 12).

10. The decision to temporarily keep the exhibits, means of administrative violations (MS 10).

11. The minutes of evidence custody, means of administrative violations (MS 12).

12. Decides to extend the custody exhibits, means of administrative violations (MS 12).

13. The minutes of administrative violations (MS 13).

14. decision sanctioning administrative violations (MS 13).

15. The decision to sanction the administrative violation according to the simple procedure (MS 15).

16. Decides to confiscate exhibits, means of administrative violations (MS 16).

17. Minutes of confiscated exhibits, means of administrative violations (MS 16).

18. the Executive decided to postpone the decision fines (MS 18).

19. The decision to transfer or return the papers, exhibits, media (MS 19).

20. the report on the delivery papers, exhibits, media (20 MS).

21. the report on the sale of goods, perishable items (MS 22).

22. Report on the destruction or liquidation exhibits, means of administrative violations (MS 22).

23. Decides to apply remedial measures (MS 23).

24. Decides to modify, cancel, suspend enforcement of the decision sanctioning administrative violations (MS 24).

25. decision on coercive enforcement of the decision sanctioning administrative violations (MS 25).

26. Thereon comply decided to sanction administrative violations (MS 26).

27. A sampling of goods (MS 27).

28. The minutes of work (MS 28).

29. Appendix a (MS 29).

30. A listed exhibits, media (30 MS).

Article 3. Print management, release prints 1. The Indian model is only prescribed in article 2 of this circular are in available form, by the white paper, the letter black, coated backside carbon ink, size 21x29, 7 cm (A4), the middle of the page with badges and market management pattern in pale yellow translucent rays. Each type of prints stamped into the book, including more and print the available numbers jump.

2. The printed press release, only the following rules: a market management Bureau) held in India released, just to give the unit, public servants in the Bureau use;

b) market management Bureau of the province, the city of centrally held in India released, just to give the team the market management and public officials in the Bureau use.

3. The expense of printing, release of the market management agency granted by the State budget.

Article 4. Use only 1 Indian management. The template is only available in India, was released as prescribed in this circular are used in test activities, sanctioning administrative violations of market management agency granted in the competent sector sanctioning administrative violations since January 1st, 2011.

For the text of the other administrative service for inspection, sanctioning administrative violations, the heads of market management of the levels prescribed in clause 2 of article 3 of this circular pursuant to the provisions of the law and require inspection, violation processing in each specific case to rule and released for use.

2. Only those public servants market management duties test market control, verify verify service administrative violations, implementation of administrative violation sanction according to the authority, the Organization enforced decisions sanctioning administrative violations are allocated new prints to use in setting the profile service checking and sanctioning of administrative violations. The interdisciplinary checkpoint or test group by market regulators chaired test then use the template prints the provisions of this circular in order to set the profile check, sanctioning administrative violations.

3. push the only kind would have to use the right on it jurisdiction according to the law and regulations.

4. for publication only in the closed volume, more available, the available number of jumps, the use of small to large number of related words, without distance, jump. If the link would be broken, then the slash that link, save the broken link and switch to using the next link.

5. Record the prints in blue ink ball pen in black, up to top venture in to the following contact or can set fonts to record each contact prints on the computer using black ink, make sure the content between notes are the same.

6. do not add or remove the items of content model prints or swap prints records service checking and handling of administrative violations.

7. The only India was set to be signed by the person prescribed in the Indian form only. If only more pages, more then these people must sign on each page, each link.

8. All prints when used to set the profile service testing, sanctioning administrative violations must be stamped by the inspection agency. For prints due to the heads or Deputy Heads use prints signed and stamped directly then that Agency's seal in place of the signature of this people. For the publication just because others signed were not the right stamp directly then stamp the Agency's use of prints on the top left corner of India only.

9. The only available print 3, beginning to put on the record, the two assigned to litigants, individuals, organizations are examining, examination or working party, three saves in the book prints. Particularly for press only model No. 14 and no. 15 model has four joint venture, first put on the record, the two assigned to the individual, the organization sanctioned, the three sent to the State Treasury where the currency and four fine saves in the book prints. The case should have more prints were set to give the stakeholders the Agency use the prints (the market Management Team, agency management, market management Department) are the main copies contact the head, stamped and signed by the competent official copies under the provisions of the law.

10. where to take the only print available, print heads, release or use of prints to the check point organizations clarify the responsibility of the person who lost it to process disciplined according to the regulations, and notify the relevant authorities to prevent the timely advantage of the Indies only lost.

Article 5. Allocate, delivery of and payment for prints 1. press release agency heads only prescribed in clause 2 of article 3 of this circular in organization, allocate, transfer prints on demand use of the unit.

2. When allocated, Indian Express delivery must only perform the procedure of import, export, printing only; Open the Windows policies follow the import, allocate, Indian Express delivery only; periodic inventory, payment prints; dedicated officers deployed or chief accountants of India only.

3. Periodically, and units are allocated to Indian just made the payment only with Indian authorities. The press only if damaged, unusable, then the Agency allocate the Organization's Indian only recovery, inventory and destruction procedures prescribed.

Article 6. The prohibited acts 1. Using the incorrect form prints the provisions of this circular in order to set the profile check, sanctioning administrative violations.

2. type of swapping prints records service testing, sanctioning administrative violations.

3. print, copy or counterfeit prints are not properly regulated.

4. Arbitrarily swap, buy, sell, borrow, borrow the Sutlej are allocated.

5. Lost or damaged prints are allocated.

6. India notes only, set the profile service testing, sanctioning administrative violations are not properly regulated by the law of handling administrative violations and specified in this circular.

Article 7. Implementation 1. Market management Department is responsible for:


a) held in India released, just as defined in point a of article 3 clause 2 of this circular; steer the Organization of printing only for the market management Department, the city needs;

b) guidance notes of the market authority granted under the provisions of law handling administrative violations and this circular;

c) tracking, check printing, issuance, use, recording, printing only, set the profile service testing, sanctioning administrative violations of market management agency granted under the provisions of this circular;

d) report to the Minister of industry and trade to the implementation of the proposed measures, correct, prevent violations in the release, management, use of market management agency levels and additional publications, revised only when necessary.

2. market management Bureau is responsible for: a) held in India released, only under the provisions of point b paragraph 2 of article 3 of this circular;

b) management of the local market management; track, instructions, check the recording, set the profile service testing, sanctioning of administrative violations, the management and use of the force of local market management according to the provisions of law handling administrative violations and this circular;

c) report to the Department of management to the market situation, released, use the prints as prescribed in this circular; proposed management measures, using prints and additional amendments when necessary.

3. The captain of market management is responsible for: a) management is allocated, Indian notes only, set the profile service testing, sanctioning administrative violations in accordance with the provisions of law handling administrative violations and this circular;

b) reported on the management, use, only Indian settlement at the request of market management and regulation of this circular.

Article 8. Terms of implementation 1. This circular is effective from January 1st, 2011.

2. Annuls decision No 14/2006/QD-BTM on August 22, 2006 by the Minister of trade on the regulation the form prints and the use, management of market management.

To the end of June 30, 2011, if the only remaining old then heads to the market management agency-level recovery, inventory and culled as stipulated.

3. the Chief of the Department, Director of market management, heads of agencies, the Director of industry and commerce, the Director of market management Bureau of the province, central cities and officials and public servants management the market levels are responsible for implementation of this circular.