Thông tư 19/2014/TT-BKHCN

Circular No. 19/2014/TT-BKHCN dated July 1, 2014, providing guidance on the implementation of a number of articles of Decree No. 80/2013/ND-CP defining penalties for administrative violations in the field of standard, metrology and quality of products and goods

Nội dung toàn văn Circular No. 19/2014/TT-BKHCN guidance No. 80/2013/ND-CP penalties for administrative violations standard


MINISTRY OF SCIENCE AND TECHNOLOGY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

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No: 19/2014/TT-BKHCN

Hanoi, July 1, 2014

 

CIRCULAR

PROVIDING GUIDANCE ON THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 80/2013 / ND-CP DATED JULY 19, 2013 DEFINING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF STANDARD, METROLOGY AND QUALITY OF PRODUCTS AND GOODS

Pursuant to the Government’s Decree No. 20/2013 / ND-CP dated February 26, 2013 defining the functions, tasks, entitlements and organizational structures of the Ministry of Science and Technology;

Pursuant to the Government's Decree No. 80/2013 / ND-CP dated July 19, 2013 defining penalties for administrative violations in the field of standards, metrology and quality of products and goods;

At the request of the Chief Inspector of the Ministry, the General Director of the Directorate for Standards, Metrology, and Quality and the Director of the Legal Department,

The Minister of Science and Technology provides guidance on the implementation of a number of articles of the government’s decree no. 80/2013 / ND-CP dated July 19, 2013 defining penalties for administrative violations in the field of standards, metrology and quality of products and goods.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular shall guide the implementation of a number of articles of the Government’s decree no. 80/2013 / ND-CP dated July 19, 2013 defining penalties for administrative violations in the field of standard, metrology and quality of products and goods ( hereinafter referred to as Decree 80/2013/ND-CP)

Article 2. Regulated entities

1. Organizations and individuals committing administrative violations in the field of standard, metrology and quality of products and goods.

2. Competent organizations and individuals in penalties for administrative violations in the field of standard, metrology and quality of products and goods.

3. Other entities involved in penalties for administrative violations in the field of standard, metrology and quality of products and goods in accordance with the law.

Article 3. Penalty principles

1. Penalties for administrative violations in the field of standard, metrology and quality of products, goods shall comply with the provisions of Clause 1, Article 3 of the Law on handling of administrative violations dated June 20, 2012 (hereinafter referred to as Law on handling of administrative violations). The maximum amount of fine applied to penalties for administrative violations in the field of standard, metrology and quality of products, goods shall comply with the provisions of Article 3 of Decree 80/2013 / ND-CP.

2. When detecting organizations and individuals committing administrative violations of standard, metrology and quality of products or goods, competent persons on duty prescribed in Chapter III of Decree 80 / 2013 / ND-CP shall force such organizations and individuals to immediately stop their violations. Forcing to stop the violations shall be recorded in working minutes, inspection minutes or administrative violation minutes or inspection conclusions.

3. Competent persons in penalties for administrative violations of standard, metrology and quality of products and goods specified in Article 29, Article 30 and Article 31 of Decree 80/2013 / ND-CP shall exercise rights to penalize under the provisions of this Decree. Non-competent persons in penalties for administrative violations shall transfer the case file to competent persons for consideration on handling.

Article 4. Valuation of violated products and goods

1. The determination of the total value of violated products or goods at the time of committing administrative violations prescribed in Chapter II of Decree 80/2013 / ND-CP shall be calculated by the following formula:

The total value of violated products or goods = number of the violated products or goods detected x price of the violated product or goods at the time of the administrative violations.

The basis for valuation of violated products or goods shall comply with the provisions of Article 60 of the Law on handling of administrative violations.

2. Depending on types of violated products or goods, the valuation shall be based on one of the bases according to the following order of priority:

a) The list price or price in the contract, purchase invoices or import declarations;

b) The price on notice of local financial agencies; in the absence of notification, the price in the local market at the time of administrative violations

c) The price of products, goods if they are stored goods of production facilities and have not sold or the market price of the products, goods of the same features, technique, use at the time of administrative violations.

Article 5. Determination of illicit profits earned from administrative violations

1. The determination of illicit profits earned from administrative violations specified in Paragraph 5 of Article 8, point b, paragraph 7 of Article 10, Paragraph 3 of Article 14, Paragraph 3 of Article 15, paragraph 3 of Article 16 of Decree 80 / 2013 / ND-CP shall comply with the provisions of Chapter III of the Government's Decree 86/2012 / ND-CP dated October 19, 2012 providing instructions on the implementation of a number of articles of the Law of measurement (hereinafter referred to as Decree 86/2012 / ND-CP).

2. The illicit profit earned from administrative violations must be recorded in the decision on penalty for administrative violations, it shall not be based on the maximum penalty prescribed in Decree 80/2013 / ND-CP and paid to the State budget in accordance under regulations.

Article 6. Conclusion of the variance of measurement instruments and measures

The conclusion of the variance of measurement instruments and variance of measures only has legal guarantee if it is given by the following organizations and individuals :

1. Measurement checkers certified and granted of cards by the Directorate for Standards, Metrology, and Quality;

2. Inspectors of Science and Technology; inspection officials specializing in Science and Technology;

3. Chief inspector specializing in Science and Technology;

4. State management agencies in charge of measurement.

Chapter II

SPECIFIC PROVISIONS

Section 1. VIOLATIONS OF ADMINISTRATION ON MEASUREMENT

Article 7. Violations in production of measurement instruments prescribed in Article 6 of Decree 80/2013 / ND-CP

1. Violations prescribed at Point c, Clause 1, Article 6 are acts of organizations and individuals producing measurement instruments without recording, engraving units of measurement or recording or engraving units of measurement inconsistent with stipulated legal units of measurement in Decree 86/2012 / ND-CP.

2. Violations prescribed at Point a, Clause 3, Article 6 are acts of organizations and individuals producing the measurement instruments in the list of group 2, but these instruments have no decision on type approval of the Directorate for Standards, Metrology, and Quality.

3. Violations specified in paragraph 4 of Article 6 are acts of organizations and individuals producing measurement instruments with one or more changed details compared with the application of the measurement instrument type of group 2 approved by the Directorate for Standards, Metrology, and Quality .

4. Deprivation of right to enjoyment of decision on type approval of measurement instruments specified in Paragraph 5 of Article 6 means competent persons specified in Article 29, Article 30 and Article 31 of Decree 80/2013 / ND-CP issue a decision on Deprivation of right to enjoyment of the decision on type approval from 01 month to 03 months for violating organizations and individuals to repair measurement instruments in accordance with the approved measurement instrument type .

Article 8. Violations of import of measurement instruments specified in Article 7 of Decree 80/2013 / ND-CP

1. Violations prescribed at Point a, Clause 3, Article 7 are acts of organizations and individuals producing the measurement instruments in the list of group 2, but these instruments have no decision on type approval of the Directorate for Standards, Metrology, and Quality .

2. Violations specified in paragraph 4 of Article 7 are acts organizations and individuals importing measurement instruments inconsistently with applications of the approved measurement instrument type in group 2 stored in the Directorate for Standards, Metrology, and Quality or organizations, individuals importing the measurement instruments

Article 9. Violations of trade of measurement instruments specified in Article 9 of Decree 80/2013 / ND-CP

1. Violations specified in Paragraph 2 of Article 9 are acts of organizations and individuals trading measurement instruments in the list of group 2 without having or presenting the verification paper or verification stamp or verification mark (hereinafter referred to as verification certificate).

2. Violations prescribed at Point b, Clause 2, Article 9 are acts of organizations and individuals trading the measurement instruments in the list of group 2, but these instruments have no decision on type approval of the Directorate for Standards, Metrology, and Quality .

Article 10. Violations of use of measurement instruments in group 2 specified in Article 9 of Decree 80/2013 / ND-CP

1. Violations specified in point a, Paragraph 2 of Article 10 are acts of organizations and individuals using measurement instruments and having one of the following violations:

a) Organizations and individuals using measurement instruments have no suitable verification certificate under the provisions of the Minister of Science and Technology’s Circular No. 24/2013 / TT-BKHCN dated September 30, 2013 defining inspection, calibration, test of measurement instruments , measurement standards (hereinafter referred to as Circular 24/2013 / TT-BKHCN);

b) Organizations and individuals using measurement instruments use the verification certificate with erased or emended contents (except for verification term ).

2. Violations prescribed at Point c, Clause 2, Article 10 are acts of organizations and individuals removing the verification certificate without permission, then sticking or gluing it on measurement instruments without the witness of the Directorate for Standards and Quality or the Department of Standards, Metrology, and Quality .

3. Violations prescribed at Point d, Clause 2, Article 10 are acts of organizations and individuals using the measurement instruments in the list of group 2 as prescribed which must be verified periodically by control verification but are not verified in the assigned verification organizations by such organizations and individuals.

4. Violations specified in Paragraph 4 of Article 10 are acts of organizations and individuals using measurement instruments and having one of the following violations:

a) Measurement instruments which are used do not meet regulations on management of measurement techniques for each specific type of measurement instrument;

b) Measurement range or precision levels are inconsistent with the purpose of use;

c) Variance of measurement instruments are inconsistent with regulations on measurement techniques.

5. Violations prescribed at Point a, Clause 5, Article 10 are use of verification certificates not granted by verification organizations prescribed in Circular 24/2013 / TT-THE MINISTRY OF SCIENCE AND TECHNOLOGY and erased, emended the term of verification certificates.

6. Violations specified in Point b Paragraph 5 of Article 10 are acts of organizations and individuals using measurement instruments having one of the following violations:

a) Measurement instruments which are used have a valid verification certificate but using organizations and individuals themselves repair, replace, attach or cut details, equipment;

b) Measuring instruments which are used have a valid verification certificate but organizations and individuals themselves adjust one or more details;

b) Measuring instruments which are used have a valid verification certificate but organizations and individuals have an impact on one or more details of measurement instruments which changes the technical condition and metrological characteristics of the measurement instruments, regardless of the test results of variance of the measurement instruments ;

For example: In case measurement instruments of organizations and individuals which are operating normally and are irregularly inspected the variance, the variance is greater than the tolerance variance and on that inspected measurement instruments, when turning off the power and inspect again the variance, the variance is within the allowed limits. This demonstrates that using organizations and individuals have had an impact (through turning on, interrupting the power supplied to the measurement instruments) to alter the technical condition and measurement characteristic of the measurement instruments (removal of variance of measurement instruments detected).

7. Additional penalties prescribed in paragraph 6 of Article 10 shall be given as follows:

a) Confiscating the exhibits and instruments for committing violations specifies in Point a, Paragraph 6 of Article 10 means competent persons issue a decision to confiscate measurement instruments used by organizations and individuals to commit violations; confiscate details, instruments adjusted or replaced by using organizations and individuals details compared with the record of measurement instruments approved by competent agencies ;

Procedures for confiscation, handling of exhibits, confiscated violated measurement instruments shall comply with provisions of Article 81, Article 82 of Law on handling of administrative violations and documents related to guidance on management and handling of exhibits, confiscated instruments for putting into state funds due to administrative violations.

Deprivation of right to enjoyment of business certification specified in Point b, Paragraph 6 of Article 10 means competent persons in penalties in the field of standard, metrology and quality of products, goods decide to deprive such right to enjoyment and record in the decision on penalty. Procedures for deprivation of right to enjoyment of business granted by competent State agencies shall comply with the provisions of Article 80 of the Law on handling of administrative violations.

8. Force of cancellation of verification certificates specified in Point a Paragraph 7 of Article 10 means violating organizations themselves cancel the verification certificates under the supervision of the agencies issuing the decision on penalty. If violating organizations and individuals do not themselves cancel the violated verification, agencies issuing the decision on penalty shall enforce the cancellation.

9. Some points are necessary to note when applying Article 10 to penalties:

a) The value of the measurement instruments as a basis for determining penalty levels, penalty competence shall be based on the value of 01 measurement instrument and penalized according to violations. The valuation of the measurement instruments used to commit administrative violations shall comply with the provisions of Article 60 of the Law on handling of administrative violations.

b) Depending on the type of violated measurement instruments, the valuation of the measurement instruments shall comply with the provisions of Clause 2, Article 4 of this Circular.

Article 11. Violations of measurement for measurement of group 2 prescribed in Article 14 of Decree 80/2013 / ND-CP

1. Violations prescribed at Point a, Clause 1, Article 14 means acts of measurement instrument’s users taking measurements without compliance with the requirements of professional in making measurements of group 2 as prescribed by the management agencies of measurement.

For example: Staff and employees directly making measurements in the business of liquefied petroleum gas (LPG) have not been trained and certified completion of training program of measurement management in Clause 5, Article 9, Paragraph 2 of Article 10 of the Minister of Science and Technology’s Circular No. 12/2010 / TT-BKHCN dated July 30, 2010 providing guidance on management of measurement, quality in business of Liquefied petroleum gas (LPG).

2. Violations prescribed at Point b, Clause 1, Article 14 are acts of measurement instrument' s users who do not meet conditions prescribed for persons with related rights and obligations to monitor and inspect the implementation of measurement, measurement methods, measurement instruments, the amount of goods and services.

Example 1: Failure of ensure the completeness and ready to measuring mugs and vessels, calibrated measuring cylinders at the petrol and oil retailers as prescribed in Paragraph 1 of Article 8 of the Minister of Science and Technology’s Circular No. 11/2010 / TT-BKHCN dated July 30, 2010 defining metrology, quality of oil trading prescribed in the Government’s Decree No. 84/2009 / ND-CP dated October 15, 2009 on petroleum business (hereinafter referred to as Circular No. 11/2010 / TT-BKHCN).

Example 2: Failure of equipping and maintaining the operation of, scales or measurement instruments in markets or trade centers as prescribed in paragraph 3 of Article 5 of the Government's Decree 99/2011 / ND-CP dated October 27 2011 providing instructions on the implementation of a number of articles of the Law on consumers’ right protection

Example 3: Failure of periodic self-inspection, keeping records of periodic self-inspection of measurement instruments, measurement system in accordance with the relevant provisions of Clause 2, Article 8 of Circular No. 11/2010 / TT-BKHCN or specified in Paragraph 4 of Article 4 of the Ministry of Science and Technology’s Circular No. 22/2013 / TT-BKHCN dated September 26, 2013 defining the management of measurement in gold trading and quality control of Gold jewelry in the market.

3. Violations specified in Paragraph 2 of Article 14 are acts of organizations and individuals using measurement instruments to carry out measurements and having one of the following violations:

a) Making measurements (weight (weighing) or volumetric measurement (measuring)) with the lack amount exceeding the allowed lack amount under the provisions of measurement for measurement of group 2 issued by the Minister of Science and Technology ;

b) Using the measurement instruments to make measurements of group 2 of which measurement instruments have not been verified; verification certificate has expired; measurement instruments which do not meet the technical measurement requirements shall be fined under Article 10 of Decree 80/2013 / ND-CP.

Article 12. Violations of the amount of pre-packed goods in manufacturing, importation, trading prescribed in Articles 15 and 16 of Decree 80/2013 / ND-CP

1. Violations specified in point a, clause 1 of Article 15 and point a, clause 1 of Article 16 are acts of organizations and individuals manufacturing, importing, trading pre-packed goods without recording the weight on the packages or labels or recording the weight incorrect with the technical requirements of measurement for weight of pre-packed goods; without recording, engraving or recording, engraving incorrectly with regulations of legal units of measurement specified in Decree 86/2012 / ND-CP.

2. Weight of inconsistent pre-packed goods means goods have real weight smaller than the allowed minimum weight on the package or the mean value of the real weight of batch of pre-packed goods smaller than the nominal weight.

3. Violations of the weights of pre-packed goods which is inconsistent or have variance exceeding the allowed limit mean the batch of pre-packed goods is not qualified due to exceeding the allowed lack limit or the mean value of the real weight of the batch of pre-packed goods is smaller than the nominal weight and has inconsistent pre-packed goods’ units exceeding the specified levels.

Section 2. ADMINISTRATIVE VIOLATIONS OF TECHNICAL REGULATIONS AND STANDARDS AND PRODUCT QUALITY OF PRODUCTS AND GOODS

Article 13. Violations of declaration of application standards specified in Article 17 of Decree 80/2013 / ND-CP

1. Violation stipulated in Paragraph 1, Article 17 are acts of organizations and individuals producing or importing the products, goods without declaring the application standards and notifying the application standards, number signs of standard or basic characteristics of products and goods on the label or package of products, goods or in transaction and introduction documents of goods or proper documents supplied with the product, goods .

2. For products, goods undeclared the application standards discovered during the inspection, the inspection team shall request the violating organizations and individuals to withdraw such products, goods to declare the application standards before they are circulated in the market.

Article 14. Violations of conformance prescribed in Article 18 of Decree 80/2013 / ND-CP.

1. Declaration of conformance is optional, however, organizations and individuals who have announced the conformance must comply with the provisions of the Minister of Science and Technology’s Circular No. 28/2012 / TT-BKHCN dated December 12, 2012 defining conformance announcement, conformity announcement, assessment methods of conformity with the technical regulations and standards (hereinafter referred to as Circular 28/2012 / TT-BKHCN)

2. Violations prescribed at Point a, Clause 4, Article 18 are acts of organizations and individuals who have declared conformance but do not maintain the quality control, testing and periodical monitoring as specified in manufacturing and business facilities.

Article 15. Violation of conformity stipulated in Article 19 of Decree 80/2013 / ND-CP

1. Violations specified in Paragraph 1 of Article 19 are acts of organizations and individuals selling goods under the declaration of conformity committing violations of declaration of conformity, conformity marks as prescribed in Circular 28/2012 / TT-BKHCN.

2. A note in applying Point d, Clause 4, Article 19 : Failing to attach the conformity marks as prescribed when products or goods are launched in the market may only applied to products, goods under declaration of conformity in which prescribed technical regulations must be attached with conformity marks

Article 16. Violations of quality of products and goods circulated in the market specified in Article 20 of Decree 80/2013 / ND-CP.

1. Organizations and individuals selling goods shall be responsible for the goods quality, checking the origin of goods, labels, conformance marks, conformity stamps, documents relating to goods quality under provisions of Article 16 of the Law on quality of products and goods.

a) If organizations and individuals sell goods of which quality is inconsistent with declared standards or goods that commits violations of declaration of conformance and conformance marks , persons who are competent to impose penalties shall apply paragraph 1 of Article 18 to penalties;

b) If organizations and individuals sell goods that commit violations of declaration of conformity and conformity marks, persons who are competent to impose penalties shall apply paragraph 1 of Article 19 to penalties;

2. Violations specified in paragraph 4 of Article 20 are acts of organizations and individuals selling goods which have not been declared the application standard as prescribed by manufacturers or importers

Article 17. Forgery related to technical regulations and standards and quality of products and goods specified in Article 24 of Decree 80/2013 / ND-CP

Violations specified in Paragraph 1 of Article 24 are acts of organizations and individuals manufacturing or importing products, goods and having one of the following violations:

1. Information on the labels is inconsistent with the actual quality of products and goods.

2. Untruthful, dishonest information about the quality of products and goods is provided to consumers or competent agencies.

3. Products, goods are not declared conformance, conformity or certified conformance, conformity but on the transaction documents, signboards of organizations, individuals or dealers selling products, goods of such organizations and individuals there is information deceiving or causing confusion for consumers to understand that the products, goods have been declared conformance, conformity or certified conformance, conformity .

4. Untruthful, dishonest information about the quality of products and goods is on means of mass media.

Section 3. ADMINISTRATIVE VIOLATION OF GOODS LABEL, CODE AND BARCODE

Article 18. Violations of labeling in trading of products and goods stipulated in Article 25 of Decree 80/2013 / ND-CP

1. Violations of the labeling in trading products, goods are acts of organizations and individuals producing, importing, transporting, storing and selling products or goods without labeling in accordance with the provisions of the Government's Decree No. 89/2006 / ND-CP dated September 30, 2006 on the product label (hereinafter referred to as Decree No. 89/2006 / ND-CP).

2. Some points are necessary to note when Article 25 of Decree 80/2013 / ND-CP is applied to penalty

a) Organizations or individuals manufacture (including processing, assembling, packaging) products, goods in Vietnam for consumption in the domestic market but do not label as prescribed or do not have labels or have obscured, torn, wholly or partly faded labels or labels erased, emended their original labels or additional labels to mislead customers about information of the products;

b) Organizations and individuals manufacture products or goods in Vietnam for export of which labels recorded under the export contract or recorded under the provisions of importing countries but have business in the market in Vietnam without recording labels under the provisions of Decree No. 89/2006 / ND-CP on products, goods

Article 19. Violations of mandatory contents on the goods labels or mandatory contents to be shown on labels based on the nature of goods specified in Article 26 of Decree 80/2013 / ND-CP

1. Violations stipulated in Paragraph 1, Article 26 are acts of organizations and individuals producing, importing, transporting, storing, selling goods of which labels are not recorded one of the mandatory contents on labels and mandatory contents to be shown on labels based on the nature of goods under the provisions of Article 11, Article 12 of Decree No. 89/2006 / ND-CP.

If goods being pre-packed goods in group 2 commit violations of weight of pre-packed goods on the label, Articles 15 and 16 of Decree 80/2013 / ND-CP shall be applied to penalties.

2. Violations prescribed at Point a, Clause 5, Article 26 are acts of organizations and individuals producing, importing, transporting, storing and selling goods with counterfeit labels of contents in Article 11, Article 12 of Decree No. 89/2006 / ND-CP, as follows:

a) If detecting counterfeit labels of contents specified in Article 11 of Decree 89/2006 / ND-CP, competent persons in penalty shall apply the provisions in the Government's Decree 185/2013 / ND-CP dated November 15, 2013 defining penalties for administrative violations in producing and trading counterfeit goods, prohibited goods and protection of the rights of consumers to penalty;

b) If detecting counterfeit labels of contents specified in Article 12 of Decree 89/2006 / ND-CP, competent persons in penalty shall apply the provisions in Point a, Clause 5, Article 26 of Decree 80/2013 / ND-CP to penalties;

3. Defrauding the shelf life of goods on the goods labels specified at Point b, Clause 5, Article 26 shall be applied doubled penalties depending on the value of violated goods:

a) For goods produced domestically, penalties specified in Paragraphs 1 and 2 of Article 26 shall be applied ;

b) For imported goods, penalties specified in Paragraphs 4 of Article 26 shall be applied ;

c) For erasure, emendation of expiry of goods, penalties specified in paragraph 3 of Article 26 shall be applied.

Article 20. Violation of use of certificate, issuance of certificate of right to enjoyment code and barcode prescribed in Article 28 of Decree 80/2013 / ND-CP.

1. Violations specified in point a, clause 1 of Article 28 are acts of organizations and individuals producing, importing, transporting, storing and selling goods without certificate of right to use code and barcode but forging or giving information to mislead consumers that such organizations and individuals have a certificate of right to use code and barcode granted by the Directorate for Standards, Metrology, and Quality.

2. Violations specified in point b, clause 1 of Article 28 are acts of organizations and individuals producing, importing, transporting, storing and selling goods and using certificate of right to use code and barcode not granted by the Directorate for Standards, Metrology, and Quality.

Section 4. PENALTY JURISDICTION AND APPLICATION OF FORMS TO HANDLING OF VIOLATIONS .

Article 21. Jurisdiction and procedures for penalty of inspectors in the field of science and technology stipulated in Article 29 and Article 32 of Decree 80/2013 / ND-CP

1. Inspectors who are assigned to perform tasks of specialized inspection of standards, metrology and quality specified in Paragraph 1 of Article 29, shall include: inspectors working at the Inspectorate of the Ministry of Science and Technology the Inspectorate of the Department of Science and Technology; officers assigned to perform the duties of specialized inspection of the Directorate for Standards and Quality.

2. Head of specialized inspection teams of Service of Science and Technology and Head of the specialized inspection team of Directorate for Standards, Metrology and Quality and Head of specialized inspection teams of Department of science and technology shall use marks of the inspection agency to inspect when issuing documents to apply inspection measures

3. Procedures for penalties for administrative violations shall be as follows:

a) Jurisdiction to record administrative violation in the field of standard, metrology and quality of products, goods shall comply with the provisions of Article 32.

b) If the chief inspector specialized in standards, metrology and quality of products and goods; officials and civil servants on duty detect violations in the field of standard, metrology, quality, they shall be entitled to make a written record of administrative violations. The agency issuing the inspection decision or the management agency of officials and civil making records of administrative violations must promptly complete the dossier transferred to the competent persons in administrative violations penalties as prescribed by law.

The transfer dossier of administrative violations shall include: Official Dispatch of the agency transferring administrative violations; inspection decision or document of assigning officials and civil servants to perform their duties; inspection records; administrative violation records (if any); evidence of administrative violations, and other operation documents.

Article 22. Application of forms to handling of violations.

1. Forms in inspection issued by the Government Inspectorate, the Ministry of Science and Technology shall be applied for specialized inspections

2. Other forms in penalties for administrative violations shall be applied under the provisions in the Government's Decree No. 81/2013 / ND-CP dated July 19, 2013 providing instructions on a number of articles and implementation of Law on handling administrative violations.

Chapter III

IMPLEMENTATION

Article 23. Effect

This Circular takes effect from August 15, 2014 and replaces the Minister of Science and Technology’s Circular No. 24/2009 / TT-BKHCN dated December 31, providing guidance on a number of articles of the Government’s Decree No. 54/2009 / ND-CP of June 5, 2009 on penalties for administrative violations in the field of standard, metrology and quality of products and goods.

Article 24. Responsibility for implementation

1. the President of the People’s Committee at all levels, Chief Inspector of the Ministry of Science and Technology, General Director of the Directorate for Standards, Metrology, and Quality , head of specialized inspector teams on standards, metrology, and quality , chief inspector of the Department of Science and Technology, inspectors and other titles competent to impose sanctions specified in Decree 80/2013 / ND-CP shall be responsible for the implementation of this Circular.

2. Any problems arising in the course of implementation should be report in writing to the Ministry of Science and Technology for study and guidance. /.

 

 

 

MINISTER




Nguyen Quan

 


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