Vietnam: 04 unexpected circumstances arising when the inspection decision is enforced at the inspection site

According to the Circular No. 27/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, unexpected circumstances arising when the inspection decision is enforced at the inspection site:

1. Existing or potential violation committed by the inspected entity, not indicated in the inspection decision, is found;

2. The inspection, because of its delicate nature, requires extension as prescribed in point b clause 2 Article 22 of the Ordinance on Market Management of Vietnam;

3. The chief inspector or inspectorate member is replaced;

4. Other circumstances that affect the enforcement of the inspection decision.

Handling guidelines:

The unexpected circumstances shall be dealt with as follows:

- Where an existing violation committed by the inspected entity, not indicated in the inspection decision, is found, the inspectorate shall document it in the inspection report;

- Where a potential violation committed by the inspected entity, not indicated in the inspection decision, is found, the chief inspector shall request the inspection decision-maker  to amend the existing inspection decision. The inspectorate may only carry out an inspection of the potential violation after they obtain an amended inspection decision by the inspection decision-maker.

-  Where an unexpected circumstance in section 2. or 4. arises, the inspectorate shall report it to the inspection decision-maker for decision.

- The unexpected circumstances mentioned in section 3. shall be dealt with as follows:

+ The inspection decision-maker shall decide in writing the replacement of the chief inspector or inspectorate members if they are sick, meet accidents, die, are lost, legally incapacitated, dismissed, disciplined or, for other objective causes, cannot keep performing the inspection and actions taken.

+ If the head of market surveillance authority cum inspection decision-maker has his/her market inspection card revoked or suspended or he/she is replaced, the substitute or the acting head of that market surveillance authority or the head of the superior market surveillance authority shall decide the replacement of the chief inspector or inspectorate members.

View more details at the Circular No. 27/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from December 01, 2020.

Thuy Tram

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