Ordinance No. 11/2016/UBTVQH13 dated March 08, 2016 of the National Assembly Standing Committee on market management

ORDINANCE

On Market Management[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the National Assembly’s Resolution No. 89/2015/QH13 of June 9, 2015, adjusting the 2015 law- and ordinance-making program of the XIII^th National Assembly and the 2016 law- and ordinance-making program;

The National Assembly Standing Committee promulgates the Ordinance on Market Management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Ordinance prescribes the position, functions, organization, and examination and specialized inspection operations of the market management force; the mechanism of coordination among, and responsibilities of, related agencies, organizations and individuals; and assurance of the operation, entitlements and policies applicable to the market management force.

Article 2. Subjects of application

1. Market management agencies and civil servants.

2. State agencies, and organizations and individuals in the territory of the Socialist Republic of Vietnam that are involved in the organization and operation of the market management force.

Article 3. Interpretation of terms

In this Ordinance, the terms below are construed as follows:

1. Examination by the market management force means the examination and assessment of the observance of law by organizations and individuals in goods trading, trade service provision and other fields as assigned by the Government.

2. Specialized inspection by the market management force means the inspection by market management agencies of organizations and individuals in the observance of the law concerning market management.

3. Operation areas of the market management force include places of goods production and trading and trade service provision of organizations and individuals; places of goods gathering and transshipment, airports, railway stations, car terminals; and cargo transport routes in the territory of the Socialist Republic of Vietnam, excluding customs operation areas.

Article 4. State management of the market management force

1. The state management of the market management force covers the following contents:

a/ Formulating, and directing the implementation of, strategies, master plans and plans on development of the market management force;

b/ Promulgating, and organizing the implementation of, legal documents on the market management force;

c/ Guiding, implementing and disseminating the law concerning the operation of the market management force;

d/ Stipulating the organization and operation of the market management force;

dd/ Training and building the contingent of market management civil servants;

e/ Researching and applying modern science and technology to the operation of the market management force;

g/ Making state statistics on the operation of the market management force;

h/ Inspecting, examining, settling complaints and denunciations and handling violations of law that are related to the operation of the market management force;

i/ Establishing international cooperation related to the operation of the market management force, including information exchange, operational cooperation, and conclusion and implementation of international agreements.

2. The Government shall perform the unified state management of the market management force.

3. The Ministry of Industry and Trade is answerable to the Government for the performance of state management of the market management force; and shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and provincial-level People’s Committees in the building, organization and operation of the market management force.

4. Ministries and ministerial-level agencies shall, within the scope of their respective tasks and powers, coordinate with the Ministry of Industry and Trade in performing the state management of the market management force.

5. Provincial-level People’s Committees shall, within the scope of their respective tasks and powers, organize the implementation of the law concerning market management in their localities.

Article 5. Principles of operation of the market management force

1. To abide by the Constitution and law; to respect and protect the interests of the State, human rights, and lawful rights and interests of agencies, organizations and individuals; to ensure objectiveness, accuracy, publicity, transparency and non-discrimination; to create an environment favorable for socio-economic development and assurance of social welfare.

2. To proactively prevent, promptly detect, stop and handle violations of law within the scope of its assigned functions and tasks.

3. To closely coordinate with related agencies and organizations in preventing and combating illegal acts according to its assigned functions and tasks.

4. To protect information sources, documents and results of examinations and inspections related to organizations and individuals subject to examination or specialized inspection.

5. To rely on the people, to bring into play their strength and to submit to their supervision.

Article 6. Building of the market management force

1. The State shall build a regular, professional and modern market management force.

2. State agencies, organizations and individuals shall participate in the building of the market management force, and coordinate with and create conditions for this force to perform its functions, tasks and exercise its powers as prescribed by law.

3. The State shall recruit and train human resources and build modern physical foundations for the market management force to fulfill its assigned tasks.

Chapter II

POSITION, FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF THE MARKET MANAGEMENT FORCE

Article 7. Position and functions of the market management force

The market management force constitutes a specialized force of the State, performing the functions of preventing, combating and handling acts of trading in smuggled goods and production of and trading in fake and banned goods and those of unclear origin; infringements upon intellectual property rights; violations of quality, measurement, price, food safety and trade fraud laws; and violations of the law on protection of consumer interests.

Article 8. Tasks and powers of the market management force

1. To examine the observance of law by organizations and individuals subject to examination prescribed in Article 17 of this Ordinance.

2. To conduct specialized inspections.

3. To handle administrative violations.

4. To collect documents and evidence, take samples of goods, exhibits and equipment that show signs of violation, and request assessment and testing of samples of goods, documents, papers and evidence related to violations.

5. To apply professional measures serving the examination, specialized inspection, and handling of administrative violations.

6. To carry out law dissemination and guide law implementation for organizations and individuals.

7. To organize the collection of information, analysis, assessment and forecast of the situation so as to advise and propose competent authorities to apply measures to prevent and combat violations of law.

8. To establish a database on area management, examination and specialized inspection results and handling of administrative violations and other databases to serve its activities; to summarize and report on examinations and specialized inspection results to competent authorities; to propose the promulgation or revision of regulations concerning its assigned functions and tasks.

9. To assume the prime responsibility for, and coordinate with agencies, organizations and individuals in, the examination, specialized inspection, and handling of administrative violations.

10. To advise the Minister of Industry and Trade on the performance of the state management contents defined in Clause 1, Article 4 of this Ordinance.

Article 9. Organization of the market management force

1. The market management force shall be organized from the central to local level on the principle of centralization and unification.

2. The Government shall stipulate in detail the tasks, powers and organizational structure of the market management force at all levels.

Article 10. Market management civil servants

1. Market management civil servants shall be recruited under the law on cadres and civil servants, and be professionally trained, and appointed to market management civil servant ranks.

2. Market management civil servant ranks:

a/ Senior market controller;

b/ Principal market controller;

c/ Market controller;

d/ Intermediate-level market controller.

3. The Government shall detail Clause 2 of this Article.

Article 11.  Prohibited acts of market management civil servants

1. Carrying out examination and specialized inspection activities or applying professional measures without grounds, beyond their assigned functions, powers, tasks and operation areas and not according to the law-prescribed order and procedures.

2. Hindering the lawful goods circulation and trading and service provision by organizations and individuals on the market; threatening, buying off, and deceiving organizations and individuals during the examination and specialized inspection or handling of administrative violations.

3. Abusing their position and powers to harass, demand and receive money or property, violators; tolerating, covering up or restricting the rights of administrative violators upon sanctioning administrative violations or adopting improper attitudes and gestures or making improper statements toward organizations and individuals when performing their official duties.

4. Disclosing without permission information, documents and files related to their examination and specialized inspection activities.

5. Prohibited acts of civil servants prescribed by the law on cadres and civil servants.

Chapter III

MARKET EXAMINATION CARDS, EXAMINATION AND SPECIALIZED INSPECTION ACTIVITIES OF MARKET MANAGEMENT, AND POWERS AND RESPONSIBILITIES OF EXAMINED ORGANIZATIONS AND INDIVIDUALS

Section 1

MARKET EXAMINATION CARDS

Article 12. Market examination cards

1. Market examination cards shall be granted to market management civil servants for the exercise of the powers to issue examination decisions and conduct examination activities.

2. The validity period of a market examination card is 5 years from the date of grant and is indicated on the card. The card form, the order of, and procedures for, the grant, re-grant, withdrawal, and suspension of the use of market examination cards shall be prescribed by the Minister of Industry and Trade.

3. Market management civil servants may only use and shall produce the market examination cards when conducting examination activities as prescribed.

Article 13. First-time grant of market examination cards

1. Market examination cards shall be granted for the first time to:

a/ Persons who are appointed to any market management civil servant ranks defined at Points a, b or c, Clause 2, Article 10 of this Ordinance, and meet the conditions prescribed in Clause 2 of this Article;

b/ Civil servants who are appointed to be heads of market management agencies and competent to issue examination decisions.

2. Conditions for grant of market examination cards:

a/ Having completed a professional training course as prescribed by the Minister of Industry and Trade;

b/ Being subject to no disciplinary action.

Article 14. Re-grant of market examination cards

1. A market examination card shall be re-granted in the following cases:

a/ There appears a change in information written on the card;

b/ It is lost or damaged beyond use;

c/ It expires and all the conditions prescribed in Clause 2, Article 13 of this Ordinance are fully met;

d/ Twelve months have passed after being disciplined in the form of wage lowering, demotion, removal from position and all the conditions prescribed in Clause 2, Article 13 of this Ordinance are fully met.

2. When a market examination card is re-granted, the old card shall be withdrawn and destroyed, unless it is lost.

Article 15. Withdrawal and suspension of use of market examination cards

1. A market examination card shall be withdrawn in the following cases:

a/ Its holder is detected to lack any of the conditions prescribed in Clause 2, Article 13 of this Ordinance at the time the card was granted;

b/ Its holder changes to work for another agency or unit or retires, quits his/her job, or dies while still working;

c/ Its holder is sentenced under a legally effective criminal judgment or disciplined in the form of wage lowering, demotion, removal from position or dismissal;

d/ Its holder loses his/her civil act capacity.

2. A civil servant shall be suspended from using his/her market examination card in the following cases:

a/ He/she commits a violation of law while performing official duties but no handling decision is issued yet;

b/ He/she has given illegal advice or issued illegal decisions, or failed to comply with the law on examination and sanctioning of administrative violations twice or more but such acts are not serious enough to be subject to disciplinary action;

c/ He/she is suspended from work while disciplinary action against him/her is considered;

d/ He/she is disciplined in the form of reprimand or caution;

dd/ He/she is prosecuted, held in custody, or temporarily detained.

Article 16. Competence to grant, re-grant, withdraw, and suspend the use of, market examination cards

1. The Minister of Industry and Trade shall decide on the grant, re-grant, withdrawal and suspension of the use of market examination cards with regard to the head and deputy heads of the central market management agency.

2. The head of the central market management agency shall decide on the grant, re-grant, withdrawal and suspension of the use of market examination cards with regard to civil servants of the market management force, except the case prescribed in Clause 1 of this Article.

The head of the central market management agency may authorize heads of immediate subordinate market management agencies to withdraw, and suspend the use of, market examination cards with regard to market management civil servants under their respective management.

3. Heads of market management agencies at different levels and heads of internal examination teams may request competent authorities to decide on withdrawal and suspension of the use of market examination cards if detecting violations of market management civil servants.

Section 2

EXAMINATION AND SPECIALIZED INSPECTION ACTIVITIES OF THE MARKET MANAGEMENT FORCE

Article 17. Scope of examination

1. Examination of the observance of law by organizations and individuals in goods trading and trade service provision on the market.

In the course of goods examination, if detecting violations, the market management force may inspect goods production establishments and handle violations in accordance with the law on handling of administrative violations.

2. Inspection of production establishments regarding the fields and commodity lines under the management of the Ministry of Industry and Trade.

3. Examination of the observance of law by organizations and individuals in other fields in which the market management force is assigned by the Government to examine and handle administrative violations.

Article 18. Forms of examination

1. Periodical examination.

2. Thematic examination.

3. Unexpected examination.

Article 19. Examination decisions

1. An examination shall be carried out under a written decision issued by a competent person defined in Article 21 of this Ordinance.

2. An examination decision must contain the following principal details:

a/ Date of its issuance;

b/ Grounds for its issuance;

c/ Full name of the individual or name of the organization subject to examination, and examination venue;

d/ Examination content;

dd/ Examination period;

e/ Full names and positions of the head and members of the examination team;

g/ Full name and position of the decision issuer.

3. A periodical examination or thematic examination decision shall be implemented within 5 working days after it is issued. An unexpected examination decision shall be implemented immediately after its issuance.

Article 20. Grounds for issuance of examination decisions

1. Periodical examination and thematic examination decisions shall be issued on the basis of plans already approved or promulgated by competent authorities and not more than once a year on the same content for an individual or organization  subject to examination. Periodical and thematic examination plans shall be sent to the individual or organization subject to examination and related agencies and organizations immediately after they are approved or issued.

2. An unexpected examination decision shall be issued when there appears one of the following grounds:

a/ Information on acts of violation or signs of violation of law committed by an organization or individual which has been verified and certified, including information from the mass media; from written complaints or denunciations or reports of organizations and individuals; and from written requests for examination and handling of violations;

b/ Examination proposals of civil servants who are performing official duties;

c/ Written requests of competent state agencies for examination.

Article 21. Competence to issue examination decisions

1. Heads of competent market management agencies defined by the Government may issue examination decisions.

2. Persons competent to issue examination decisions defined in Clause 1 of this Article may assign their deputies the power to issue examination decisions as follows:

a/ The assignment of the power to issue examination decisions may be effected on a regular or case-by-case basis;

b/ The assignment of the power to issue examination decisions shall be made in writing, clearly defining the responsibility, scope, content and duration of assignment;

c/ Persons assigned with the power to issue examination decisions shall take responsibility for their examination decisions before their heads and the law. The assigned persons may not assign or authorize other persons to exercise such power.

3. Persons defined in Clauses 1 and 2 of this Article who do not have market examination cards, or are being suspended from using market examination cards or have their market examination cards withdrawn, may not issue examination decisions or assign or be assigned with the power to issue examination decisions.

Article 22. Examination duration

1. Upon examination, the head of the examination team shall announce and hand over the examination decision to the organization or individual subject to examination.

2. The examination duration is prescribed as follows:

a/ The duration of an examination at an examination place must not exceed 3 working days after the announcement of the examination decision;

b/ For a complicated case or matter, the examination duration may be prolonged to 5 working days at most, from the date of announcement of the examination decision. The prolongation of the examination duration shall be decided in writing by the person who has issued the examination decision.

3. Durations not to be counted into the examination duration defined in Clause 2 of this Article include:

a/ The duration of verification and certification for reaching examination conclusions;

b/ The duration when the examined organization or individual delays or shirks the examinations.

Article 23. Examination team

1. An examination team shall be formed to perform examination tasks under the examination decision of a competent person. The decision on formation of an examination team shall be made in writing by the person competent to issue the examination decision.

2. An examination team must be composed of at least two market management civil servants; the team head must have a market examination card. Examination team members must not be currently subject to any disciplinary action or suspended from work as prescribed by law.

3. Market management civil servants may not participate in an examination team if their spouse, child, parent or sibling or their spouse’s sibling is subject to examination or holds a leading or managerial position in the organization subject to examination.

Article 24. Tasks and powers of an examination team

1. An examination team shall organize the examination under the examination decision.

2. During examination, an examination team has the powers:

a/ To request the organization or individual subject to examination to directly work or appoint a representative to work with the examination team. If the organization or individual subject to examination has no representative or the individual subject to examination is absent from the examination place, the examination team shall still proceed with the examination in the presence of a representative of the commune-level People’s Committee or public security agency and witnesses;

b/ To request the organization or individual subject to examination or its/his/her representative to provide papers, documents, books and records and to explain matters related to the examination content;

c/ To inspect goods, facilities, production and business equipment; to inspect places of goods production, trading and storage related to the examination content;

d/ To collect documents, evidence and explanations of the representative of the organization or individual subject to examination at the examination place;

dd/ To take goods samples, exhibits and equipment showing signs of violation for assessment and testing in accordance with law;

e/ To apply according to its competence or to propose competent persons to apply measures to stop and ensure the handling of administrative violations in accordance with the law on handling of administrative violations.

Article 25. Responsibilities of examination team heads and members

1. The examination team head has the responsibilities:

a/ To produce the market examination card to the representative of the organization or individual subject to examination;

b/ To announce and hand over the examination decision to the organization or individual subject to examination;

c/ To notify the representative of the organization or individual subject to examination of the composition of the examination team;

d/ To administer the examinations in accordance with the examination decision;

dd/ To assign specific tasks to the examination team members;

e/ To be accountable to the person who has issued the examination decision and to law for activities of the examination team;

g/ To strictly comply with the competence of market controllers performing official duties as prescribed by law;

h/ To report to and ask for instructions of the examination decision issuer regarding arising matters and content beyond his/her handling competence when performing the examination tasks;

i/ Immediately after finishing the examination, to make and sign the examination written record specifying the examination result and conclusion and hand over its copy to the representative of the examined organization or individual;

k/ Upon finishing the examination, to send a report enclosed with the case file proposing the handling of examination results to the examination decision issuer;

l/ To implement the provisions of Points a, c, d and g, Clause 2 of this Article.

2. An examination team member has the responsibility:

a/ To wear the uniform, badge, rank stripe and insignia under regulations;

b/ To perform the examination tasks as assigned and administered by the examination team head according to the examination decision;

c/ To adopt civilized conduct and attitudes when performing the examination tasks;

d/ To preserve the supplied papers, documents, books and records; to refrain from damaging or losing lawful properties of the examined organization or individual;

dd/ To propose the examination team head to apply necessary measures to ensure effective and lawful examination;

e/ To report on the performance of their assigned tasks to the examination team head and take responsibility for the accuracy and truthfulness of the contents of reports and proposals;

g/ To implement the provisions of Article 11 of this Ordinance.

Article 26. Responsibilities of the examination decision issuer

1. To promptly direct and handle according to his/her competence circumstances arising during and after the examination as reported and proposed by the examination team head.

2. To be accountable to their immediate superior leader and before the law for the issuance of examination decisions and all examination activities according to examination decisions.

Article 27. Handling of examination results

Examination results shall be handled as follows:

1. If the examined organization or individual strictly observes the law, the examination written record must clearly state the strict observance of law by the organization or individual;

2. If the examined organization or individual commits an administrative violation, a written record of the administrative violation shall be made and a sanction be imposed in accordance with the law on handling of administrative violations;

3. If a violation of the  examined organization or individual shows criminal signs, the file, exhibits and means of the violation shall be transferred to a competent investigation agency for handling in accordance with law;

4. If signs of violation are apparent but there are inadequate grounds for conclusion of the violation, further verification and certification shall be conducted to consider and conclude on the examination case according to the following provisions:

a/ The verification and certification duration must not exceed 10 days; if the examination case has many contents requiring verification and certification, such duration can be extended for up to 25 days at most after the end of the examination;

b/ If assessment or test results or professional opinions of relevant agencies are required, the verification and certification duration may be extended for up to 40 days after the end of the examination;

c/ The prolongation or extension of the verification and certification duration shall be decided in writing by the examination decision issuer;

d/ If no violation is found, such shall be notified in writing to the examined organization or individual within 3 working days after the conclusion thereon in made.

Article 28. Management and archival of examination files

1. An examination file must comprise the examination decision, examination written record and relevant papers and documents and shall be page-numbered in the order of all documents and papers in the file.

2. Examination files shall be archived in accordance with the law on archives.

Article 29. Specialized inspection activities of the market management force

1. The market management force shall conduct specialized inspections in accordance with the Government’s regulations.

2. Specialized inspection activities of the market management force must comply with the law on specialized inspections.

Section 3

RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS  SUBJECT TO EXAMINATION

Article 30. Rights of organizations and individuals subject to examination

1. To be notified in writing of periodical examination and thematic examination plans; to be notified of the examination content and time when the unexpected examination decision is announced.

2. To refuse an examination if having grounds to believe that the examination fails to comply with this Ordinance and relevant laws.

3. To explain and present their opinions and evidence to protect their lawful rights and interests related to the examination content.

4. To work directly or authorize a lawful representative to work with the examination agency when being subject to examination or handled for an administrative violation.

5. To request the examination agency to make public corrections or apologies and pay damages if having grounds to believe that the examination and handling are illegal, thus affecting the prestige and honor of, or causing material losses to, the organizations or individuals as prescribed by the law on the State’s compensation liability.

6. To lodge complaints and denunciations or initiate lawsuits about unlawful examinations and handling in accordance with law.

Article 31. Responsibilities of organizations and individuals subject to examination

1. To strictly abide by examination decisions of competent persons. If refusing an examination, to provide written explanations as well as documents and evidence to prove that the examination runs counter to the provisions of this Ordinance and relevant laws.

2. To work directly with or authorize a lawful representative to work with the examination agency when being subject to examination and handled for an administrative violation.

3. To promptly supply papers, documents, books and records related to examination content as required by the examination and take responsibility for the accuracy of the supplied papers, documents, books and records.

4. To abide by the examination and temporary seizure of goods, exhibits, papers, means, production and business equipment showing signs of violation of law at goods production, sale and storage places according to the examination and temporary seizure as requested by competent persons in accordance with law.

5. To explain in time, fully and truthfully the examined contents at the request of competent persons.

6. Not to shirk, obstruct, delay or oppose lawful examinations or threaten, insult, induce, buy off and bribe in any form examination team members.

Chapter IV

PROFESSIONAL MEASURES OF THE MARKET MANAGEMENT FORCE

Article 32. Professional measures

1. The professional measures of the market management force include:

a/ Managing by geographical area goods traders  and trade service providers;

b/ Collecting, examining and verifying information to serve examinations, specialized inspections, and handling of administrative violations;

c/ Supervising goods trading and trade service provision activities that show signs of violation of law;

d/ Using informants to provide information to serve the operation of the market management force.

2. The application of professional measures must not affect lawful goods trading and trade service provision activities of concerned organizations and individuals.

3. The competence for and order of applying professional measures shall be prescribed by the Minister of Industry and Trade.

Article 33. Contents of professional measures

1. Geographical area-based management covers:

a/ Regularly updating information, summarizing statistics, conducting basic surveys and classifying subjects of geographical area-based management according to specific criteria;

b/ Checking and collating data on the operation status of licensed goods traders and trade service providers in the geographical areas and their compliance with the set business conditions;

c/ Disseminating, and guiding the implementation of, relevant laws;

d/ Reviewing  and reporting in time on unusual developments of the market and prices of essential goods items in the geographical areas under their management to competent agencies for handling;

dd/ Regularly updating the observance of law in goods trading and trade service provision activities;

e/ Proposing measures for management of goods trading and service provision activities in the geographical areas;

g/ Establishing, managing and using databases on geographical area-based management and making periodical reports and unexpected reports at the request of superior state management agencies.

2. Collected, examined and verified information covers:

a/ Goods trading, transportation and gathering activities of goods traders and trade service providers; the observance of law in goods trading and trade service provision;

b/ Transportation and storage of and trading in smuggled goods; production of and trading in fake goods, inferior-quality goods, and trade frauds;

c/ Results of specialized inspections, examinations, and handling of administrative violations, including violations in goods trading and trade service provision; acts of violation and employed modes and tricks;

d/ Information of functional agencies on forecasts on the development of the socio-economic situation related to goods trading and trade service provision activities.

3. Supervision covers:

a/ Collecting and verifying information and documents on organizations and individuals showing signs of smuggling or production of and trading in fake goods, banned goods, and goods of unclear origin; organizations and individuals showing signs of infringing upon intellectual property rights, violating quality, measurement, price and food safety laws, or the law on protection of consumer interests and trade frauds; assessing the reliability of information and documents supplied by informants;

b/ Identifying locations where violating goods are gathered, stored and hidden; clarifying the operation nature, scales, modes and tricks of organizations and individuals with signs of smuggling or production of and trading in fake goods, banned goods, goods of unclear origins, goods infringing upon intellectual property rights, and goods violating quality, measurement, food safety and trade fraud laws; detecting and stopping in time violator’s dispersal of violating goods and equipment and destroying documents and evidence.

Information and documents collected in the course of supervision shall be used as the basis for determining illegal acts in goods trading and trade service provision.

4. Use of informants over:

a/ Employing collaborators for regular supply of information and contact persons;

b/ Building, classifying, managing and employing informants on the principle of single contact under decisions of heads of market management agencies at different levels;

c/ Examining and verifying in writing according to regulations the information and documents supplied by collaborators.

Chapter V

COORDINATION IN EXAMINATION ACTIVITIES OF THE MARKET MANAGEMENT FORCE

Article 34. Principles of coordination

1. To comply with law.

2. To clearly define the responsibilities of responsible agencies and coordinating agencies according to their respective assigned functions, tasks and powers.

3. To ensure the synchronous, unified, close, timely, non-overlapping and effective coordination.

4. To keep coordination contents confidential in accordance with law.

5. Coordination requests shall be made in writing by heads of competent agencies.

Article 35. Coordination contents

1. Exchanging information on acts of violating law or showing signs of violation of law.

2. Preparing annual examinations or thematic examination plans.

3. Carrying out examination activities related to the functions and tasks of coordinating agencies.

4. Examining, verifying and collecting documents, evidence and other details related to examination cases or matters.

5. Receiving case files for handling according to competence.

6. Making examination conclusions and handling violations in accordance with law.

Article 36. Agencies responsible for examination

1. Market management agencies shall assume the prime responsibility for examinations of organizations and individuals within the scope of examination according to their respective functions and tasks and the direction of competent state agencies.

2. With regard to examinations related to state management operations of various sectors and fields, market management agencies shall assume the prime responsibility for, and coordinate with related agencies in, conducting examinations.

3. Specialized state management agencies shall assume the prime responsibility for examining organizations and individuals in their respective assigned fields.

Article 37. Responsibilities of responsible agencies and coordinating agencies

1. Responsibility of responsible agencies:

a/ To send coordination requests to related agencies requesting their coordination in examination activities;

b/ To be responsible for the contents in need of coordination;

c/ To notify in writing coordination results to coordinating agencies.

2. Responsibility of coordinating agencies:

a/ Heads of agencies requested for coordination shall handle in time the contents of coordination requests of responsible agencies; if believing that the coordination requests do not conform with law or due to force majeure events, they may refuse such requests and take responsibility before law for their refusals. They shall send promptly their written refusal specifying the reason to the coordination-requesting agency;

b/ To appoint participants, send vehicles or give professional opinions as requested by responsible agencies;

c/ To organize the implementation of coordination requests of responsible agencies.

Chapter VI

ASSURANCE OF OPERATION AND ENTITLEMENS AND POLICIES FOR THE MARKET MANAGEMENT FORCE

Article 38. Assurance of operation of the market management force

1. The market management force belongs to the civil servant payroll defined by the Government in conformity with their assigned functions and tasks.

2. The State shall ensure operation funds, offices, equipment and facilities, working equipment and other necessary conditions for the market management force.

Article 39. Working facilities and uniforms of the market management force

1. The market management force shall be provided with modern supporting instruments, cars, large-cylinder motors, ships, high-speed boats, professional and technical and specialized equipment and devices.

2. The market management force shall be supplied with uniform insignias, rank stripes, badges, banners, uniforms and other necessary equipment and devices.

3. The Government shall detail this Article,

Article 40. Entitlements and policies applicable to market management civil servants

1. Market management civil servants shall be paid with salaries and allowances according to specialized market management civil servant ranks, grades and positions; seniority allowance and other allowances suitable to the nature, tasks and operation areas of the market management force as stipulated by the Government.

2. Market management civil servants who record achievements in the performance of their assigned official duties shall be considered for commendation; in case of committing violations while performing official duties, they shall be handled in accordance with law.

3. Market management civil servants who are injured or die while performing official duties shall be entitled to regimes and policies prescribed by the law on preferential treatment of persons with meritorious service to the revolution.

Chapter VII  

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS FOR THE OPERATION OF THE MARKET MANAGEMENT FORCE

Article 41. Responsibilities of the Ministry of Industry and Trade

1. To be answerable to the Government for the performance of state management as prescribed in Clause 3, Article 4 of this Ordinance.

2. The Minister of Industry and Trade shall detail the title criteria and professional training for market management civil servants according to their working positions; the content, order and procedures for examination activities of the market management force.

3. To assume the prime responsibility for summarizing and making periodical reports or reports under the direction of competent agencies on the implementation of the law on market management.

4. To assume the prime responsibility for the establishment of databases on examination and specialized inspection activities and handling of administrative violations, and share information with related ministries, sectors and localities.

Article 42. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. To direct agencies and functional forces under their respective management to assume the prime responsibility for, and timely coordinate with the market management force in, conducting examinations and specialized inspections, handling administrative violations and settling proposals of the market management force; to exchange information; to provide professional training; to disseminate law.

2. Ministries shall, according to their respective assigned functions and tasks, coordinate with the Ministry of Industry and Trade in ensuring the payroll, operation funds, physical foundations, equipment, facilities, working conditions and entitlements and policies for the market management force as prescribed in this Ordinance.

3. To make periodical reports or reports under the direction of competent agencies on the examination of organizations and individuals under their respective state management, and send them to the Ministry of Industry and Trade for reporting to competent agencies.

Article 43. Responsibilities of People’s Committees at different levels

1. To direct related agencies and organizations in their localities to promptly coordinate with the market management force in performing the assigned functions and tasks; to render assistance in physical foundations and working conditions for the market management force in their localities; to settle proposals on market management activities.

2. To make periodical reports or unexpected reports at the request of competent agencies on the implementation of the law on market management in their localities.

Article 44. Responsibilities of the Vietnam Fatherland Front and its member organizations

The Vietnam Fatherland Front and its member organizations shall, within the scope of their tasks and powers, encourage and mobilize people to strictly observe the law; and supervise and create conditions for the market management force to perform its functions, tasks and powers.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 45. Effect

This Ordinance takes effect on September 1, 2016.

Article 46. Detailing provision

The Government and competent agencies shall detail the articles and clauses as assigned in this Ordinance.-

On behalf of the Standing Committee of the National Assembly
Chairman
NGUYEN SINH HUNG