Decree No. 78/2019/ND-CP amending the Decree No. 148/2016/ND-CP

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ATTRIBUTE

Decree No. 78/2019/ND-CP dated October 14, 2019 of the Government on amending and supplementing a number of Articles of the Government’s Decree No. 148/2016/ND-CP dated November 04, 2016 on detailing and guiding the implementation of a number of Articles of the Ordinance on Market Surveillance
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Official number:78/2019/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:
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Issuing date:14/10/2019Effect status:
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SUMMARY

4 groups of subjects are competent to issue examination decisions

On October 14, 2019, the Government issues the Decree No. 78/2019/ND-CP on amending and supplementing a number of Articles of the Decree No. 148/2016/ND-CP on detailing and guiding the implementation of a number of Articles of the Ordinance on Market Surveillance.

Accordingly, this Decree amends the provision on competent issuers of examination decisions in a more detailed way. To be specific, competent issuers of examination decisions include:

First, the Director General of the General Department of Market surveillance.

Second, the Director of the Department of Market surveillance operations under the General Department of Market surveillance.

Third, Directors of provincial-level Departments of Market surveillance under the General Department of Market surveillance include: Directors of municipal and provincial Market surveillance departments; Directors of inter-municipal and inter-provincial Departments of Market surveillance.

Fourth, Leaders of district-level Market surveillance teams under provincial-level Departments of Market surveillance are: Leaders of Market surveillance teams of districts, towns, cities under provincial and municipal cities; Leaders of inter-district, inter-town, inter-city Market surveillance teams; Leaders of specialized Market surveillance teams; Leaders of mobile Market surveillance teams.

The Decree No. 148/2016/ND-CP only generally prescribed about authority to issue examination decisions of Heads of municipal Departments of Market surveillance; Heads of units under municipal Departments of Market surveillance are authorized to sanction of administrative violations...

This Decree takes effect on December 10, 2019.

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THE GOVERNMENT

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No:78/2019/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom - Hapiness
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Hanoi, October 14, 2019

 

DECREE

Amending and supplementing a number of Articles of the Government’s Decree No.148/2016/ND-CP dated November 04, 2016 on detailing and guiding the implementation ofa number of Articles ofthe Ordinance on Market surveillance

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Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Cadres and Civil servants dated November 13, 2008;

Pursuant to the Law on Management andUse of public property dated June 21, 2017;

Pursuant to the Law onState budget dated June 25, 2015;

Pursuant to the Law onManagement and Use of weapons, explosives and combat gears dated June 20, 2017;

Pursuant to theOrdinance on Market Surveillance dated March 08, 2016;

At the request of the Minister of Industry and Trade;

The Government hereby issues the Decree amending and supplementing a number of Articles of the Government’s Decree No.148/2016/ND-CPdated November 04, 2016 on detailing and guiding the implementation of a number of Articles of the Ordinance on Market Surveillance.

Article1.Amending and supplementing a number of Articles of the Government’s Decree No.148/2016/ND-CPdated November 04, 2016 on detailing and guiding the implementation of a number of Articles of the Ordinance on Market Surveillance.

1.Clause1, Article4shall be amended as follows:

“1. Competent issuers of examination decisions include:

a) The DirectorGeneral of the General Department of Market surveillance;

b) The Director of the Department of Market surveillance operations under the General Department of Market surveillance;

c) Directors of provincial-level Departments of Market surveillance under the General Department of Market surveillance include: Directors of municipal and provincial Market surveillance departments; Directors of inter-municipal and inter-provincial Departments of Market surveillance;

d) Leaders of district-level Market surveillance teams under provincial-level Departments of Market surveillance are: Leaders of Market surveillance teams of districts, towns, cities under provincial and municipal cities; Leaders of inter-district, inter-town, inter-city Market surveillance teams; Leaders of specialized Market surveillance teams; Leaders of mobile Market surveillance teams.”

2.Clause3Article5shall be amended as follows:

“ 3. Work instruments of theMarket surveillance force shall be managed and used according to work requirements, standards, norms and decentralization in accordance with regulations of management and use of public property.”

Article2.Effect

1. This Decree takes effect from December 10, 2019.

2. To annul the Government’s Decree No.10/CP dated January 23, 1995 on organization, tasks, and powers of the Market surveillance and the Government’s Decree No.27/2008/ND-CP dated March 13, 2008 on amending and supplementing a number of Articles of the Government’s Decree No. 10/CP dated January 23, 1995 on organization, tasks, and powers of the Market surveillance.

Article3.Implementation responsibilities

1. The Minister of Industry and Trade shall be responsible for implementing this Decree.

2. Ministers and Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People’s Committees of all levels shall be responsible for implementing this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc

 

 

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