Bản dịch văn bản 424/2003/QĐ-BTM
quyet-dinh-424-2003-qd-btm
Cơ quan ban hành: Bộ Công Thương
Ngày ban hành: 2003-04-11

DECISION No. 424/2003/QD-BTM of April 11, 2003 on the issuance of forms of market-control prints and the use thereof Market-control prints are those used to record and reflect market-control forces' activities of inspecting and controlling the observance of trade legislation when they exercise their competence in applying measures to prevent and sanction administrative violations according to law provisions. Market-control prints shall be used only when market-control forces perform the tasks of inspecting, controlling and sanctioning administrative violations. Before handing over the prints to market-control teams or market controllers for use, the provincial/municipal Market Control Departments or Sub-departments shall have to affix issuance stamps thereon. When units use prints, they must affix their stamps on such prints. To strictly prohibit the use of prints without issuance stamps. The forms of prints to be used for activities of inspecting, controlling and sanctioning administrative violations by market-control forces include: - Decision on inspection of the observance of trade legislation (form No. 01/QLTT), to be used when competent representatives of the market-control forces issue decisions to inspect business organizations and/or individuals upon the appearance of signs of violating legislation on trade or denunciations (having been investigated and verified); directives of the heads of superior agencies; inspection programs and plans already approved; and inspection forces' requests for coordination. - Minutes on inspection of the observance of trade legislation (form No. 02/QLTT), to be used to record the results of implementation of the inspection decisions. - Decision on the application of measures to prevent administrative violations (form No. 03/QLTT), to be used when competent persons of the market-control forces issue decisions on application of measures to prevent administrative violations such as: searching transport means and articles; searching caches of material evidences and/or means of administrative violations; temporarily seizing material evidences and/or means; body search; and temporarily detaining people according to administrative procedures. - Minutes on application of measures to prevent administrative violations (form No. 04/QLTT), to be used to make records when organizing the execution of decisions on application of measures to prevent administrative violations. - Minutes on taking expertise samples (form No. 05/QLTT), to be used in cases where market-control agencies inspect and temporarily seize material evidences which are suspected to be fake goods, poor-quality goods, goods seized in cases of violating law provisions on intellectual property right or goods origin and need to be sampled for expertise. - Minutes on administrative violations of trade legislation (form No. 06/QLTT), to be used in cases where individuals and/or organizations are caught red-handed or where they were previously booked with inspection minutes and only signs of violation were found, but in the course of investigation and verification, legal grounds have been obtained enough to conclude that these individuals and/or organizations had committed acts of administrative violation. - Decision on sanctioning administrative violations (form No. 07/QLTT), to be used for competent persons of market-control forces to issue decisions on administratively sanctioning individuals and/or organizations that commit acts of violating trade legislation (with a fine of VND 200,000 or more) according to law provisions on handling administrative violations subject to sanctions. - Decision on annulment of decisions on sanctioning administrative violations (form No. 08/QLTT), to be used in cases where decisions on sanctioning administrative violations have been issued, but these violations are later detected to contain criminal signs and the statute of limitations for penal liability examination therefor not has yet expired, the persons competent to sanction administrative violations shall have to annul the issued sanctioning decisions and transfer the dossiers of the cases to agencies competent to examine the penal liability; or cases where though the time limit for execution of decisions on sanctioning administrative violations has expired, such decisions have not yet been executed. - Minutes on the transfer and reception of material evidences and/or means (form No. 09/QLTT), to be used to make records when executing decisions on annulment of decisions on sanctioning administrative violations in order to transfer material evidences, means and dossiers of the cases to other agencies or superior agencies for handling; to transfer confiscated material evidences and/or means to auction agencies; or to return material evidences and/or means to their lawful owners, managers or users. - Decision on coercive execution of decisions on sanctioning administrative violations (form No. 10/QLTT), to be used in cases where past the time limit of 10 days after receiving the sanctioning decisions, individuals and/or organizations subject to administrative sanctions still fail to voluntarily abide by such decisions. - Minutes on coercive execution of decisions on sanctioning administrative violations (form No. 11/QLTT), to be used to record the organization of execution of decisions on coercive execution of decisions on sanctioning administrative violations. - Decision on confiscation of material evidences and/or means of administrative violations (form No. 12/QLTT), to be used when competent persons of the market-control forces issue decisions on confiscation of material evidences and/or means of administrative violations to the State's public fund, applicable to material evidences and/or means without recipients and those being goods banned from circulation. - Minutes on confiscation of material evidences and/or means of administrative violations (form No. 13/QLTT), to be used in cases of executing decisions on sanctioning administrative violations with the application of the additional sanctioning form of confiscating material evidences and/or means; and cases of executing decisions on confiscation of material evidences and/or means of administrative violations being goods without recipients or banned goods. - Minutes on destruction of material evidences and/or means of administrative violations (form No. 14/QLTT), to be used to make records when executing decisions on sanctioning administrative violations and handling the violation material evidences and means being harmful cultural articles, unusable fake goods and articles causing harms to the health of humans, domestic animals and plants, which must be destroyed as prescribed by law. - Appendix to minutes (form No. 15/QLTT), to be used to make additional records on inspection contents which cannot be fully inscribed in the inspection minutes, minutes on administrative violations and other minutes. - Minutes on working sessions (form No. 16/QLTT), to be used to make records on working sessions with the involved persons or other concerned agencies in order to investigate, verify or clarify circumstances and evidences inscribed in the inspection minutes, minutes on temporary seizure and record on search of concealment places without adequate grounds to conclude acts of violations. - List of material evidences and means (form No. 17/QLTT), to be used to make lists of material evidences and/or means in cases where such material evidences and/or means are temporarily seized, confiscated or transferred.- (Summary)