Circular No. 02/2015/TT-BNV stipulates the titles, code numbers, and professional standards for the ranks of market management civil servants.

CIRCULAR

Regulations on titles, code numbers, and professional standards for market management civil servant ranks

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Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government stipulating recruitment, utilization and management of civil servants;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of Market Management; Decree No. 27/2008/NĐ-CP dated March 13, 2008 of the Government amending and supplementing certain articles of Decree No. 10/CP dated January 23, 1995 of the Government;

Based on the proposal of the Ministry of Industry and Trade at document No. 10945/BCT-TCCB dated November 4, 2014 regarding the issuance of titles, code numbers, and professional standards for market management civil servant ranks;

Considering the proposal of the Director of the Civil Servant - Public Official Department;

The Minister of Home Affairs issues this Circular regulating titles, code numbers, and professional standards for market management civil servant ranks.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates titles, code numbers, and professional standards for market management civil servant ranks.

Article 2. Applicability

This Circular applies to specialized market management civil servants working at the Market Management Bureau under the Ministry of Industry and Trade and Market Management Branches under provincial and centrally governed city People's Committees.

Article 3. Titles and code numbers of market management civil servant ranks include:

Article 4. General Standards on Moral Qualities

Implementation shall be carried out according to Article 4 of Circular No. 11/2014/TT-BNV dated October 9, 2014 of the Minister of Home Affairs regulating titles, code numbers, and professional standards for civil servant ranks in the administrative specialization field, and in accordance with other relevant laws related to the market management specialization field.

Chapter II

DUTIES, TASKS AND PROFESSIONAL STANDARDS FOR MARKET MANAGEMENT CIVIL SERVANT RANKS

Article 5. Senior Market Inspector rank (code number 21.188)

1. Responsibilities

Is a civil servant with high professional expertise in the field of market management, performing leadership and directive work on market inspection and supervision activities at the Market Management Bureau, Market Management Branch, and Market Management Team, or directly inspecting and supervising markets for large-scale cases with complex nature involving multiple industries, fields, and localities within the jurisdiction of the Market Management Bureau, Market Management Branch, and Market Management Team.

2. Tasks

a) Lead or participate in researching, building, and implementing strategies, systems, policies; building and perfecting institutional mechanisms for state management in the market management field nationwide or at provincial level;

b) Lead in researching and building regulations and rules for professional management in the market management industry;

c) Organize guidance, monitoring, and inspection of the implementation of systems, policies, and professional expertise; propose measures to enhance the effectiveness and efficiency of state management in the market management industry or at agencies from district level upwards;

d) Lead or participate in organizing the implementation of professional activities in market management; build reports, statistics, manage archival files, implement procedural operations; synthesize, evaluate, and perfect regulatory mechanisms and policies of the industry;

đ) Lead in researching topics and projects on professional management, improving content, and enhancing the effectiveness of management methods;

e) Directly perform public duties and other tasks assigned by superiors.

3. Professional Qualification Standards

a) Understand the Party’s guidelines and State’s laws; the political system, organizational structure of state agencies, civil service system, and professional knowledge and skills in the market management field;

b) Lead and organize the development and perfection of institutional mechanisms; lead in drafting guiding normative legal documents; develop proposals, projects, programs; assess economic and social impacts of policies to be issued;

c) Be proficient in drafting administrative documents in accordance with proper format, procedures, and authority; present and defend proposed opinions and contents; effectively handle assigned tasks of oversight and management;

d) Organize guidance and implementation of systems, policies, and regulations on state management in the market management field; propose inspection and evaluation measures;

đ) Organize coordination, inspection, and summary of policy enforcement in the market management field;

e) Master the situation and trends in the development of the market management field both domestically and internationally; organize research to serve management and information processing;

g) For civil servants applying for promotion to the Senior Market Inspector rank, they must have led in drafting at least one normative legal document or led in researching, building at least one topic, project, program, scientific research project at the ministry, sector, provincial, or district level, which has been issued or approved and evaluated as meeting requirements;

h) Have experience in administrative and civil service management in the market management field or in leadership and management activities. Civil servants applying for promotion to the Senior Market Inspector rank must have held the Market Inspector rank or equivalent rank for five years (60 months) or more, including at least three years (36 months) holding the Market Inspector rank.

4. Educational and Training Standards

d) To have computer skills meeting the basic standard for information technology usage as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 issued by the Minister of Information and Communications on the Standard for Information Technology Usage or equivalent or higher.

b) Hold a training certificate in state management for the Senior Market Inspector rank;

c) Hold an English language certificate at a level equivalent to Level 3 of the Vietnamese Foreign Language Proficiency Framework as stipulated in Circular No. 01/2014/TT-BGDĐT dated January 24, 2014 of the Ministry of Education and Training promulgating the six-level Vietnamese Foreign Language Proficiency Framework;

d) Hold an information technology certificate at a level meeting the basic standard for using information technology as stipulated in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications regulating the standard for using information technology.

Article 6. Market Control Officer (Grade Code 21.189)

1. Responsibilities

Is a civil servant performing basic specialized activities in the field of market management, assisting the leadership and management of the Market Management Department, Market Management Sub-department, or market management team to advise or directly inspect, supervise the market and handle administrative violations according to the provisions of the law.

2. Tasks

a) Develop plans, master plans, specific regulations to implement tasks within the scope of market management; participate in building mechanisms and specific decisions for each management content according to the provisions of the law, suitable to the actual situation;

b) Study and resolve issues within their authority or advise the competent authority to decide on handling specific issues; coordinate with colleagues to implement professional measures, detect, inspect, and handle administrative violations within their authority; propose administrative measures to prevent and stop violations to the competent authority; be personally responsible for their decisions and proposals;

c) Monitor, compile, and report promptly on the implementation of inspections, supervision, and handling of violations according to the regulations;

d) Research, build, and propose amendments and supplements to mechanisms, policies, laws, and administrative measures to strengthen state management, ensure compliance with the law, and enhance the effectiveness of market inspection and supervision work;

3. Professional Qualification Standards

a) Understand general policies and guidelines; be familiar with the direction, guidelines, and policies on market management and related fields.

b) Master professional knowledge, technical skills in market management and related fields;

c) Master the objectives, subjects of management, systems of principles, market management mechanisms, and related systems;

d) Know how to develop plans, schemes, various types of administrative documents, be proficient in recording market management seals and state administrative procedures;

đ) Understand practical production, business, and living conditions in the assigned area and trends in domestic market management work;

e) Have the ability to synthesize, guide, implement market inspection and supervision work, organize coordination with relevant units and individuals, and the ability to work independently;

g) Civil servants applying for promotion to the Market Control Officer grade must have at least three years (36 months) of service in the Intermediate Market Control Officer grade or equivalent;

4. Educational and Training Standards

d) To have computer skills meeting the basic standard for information technology usage as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 issued by the Minister of Information and Communications on the Standard for Information Technology Usage or equivalent or higher.

b) Hold a certificate of training in state administration business for the Market Control Officer grade;

c) Hold a foreign language certificate at level equivalent to level 2 of the Vietnamese Foreign Language Competency Framework as stipulated in Circular No. 01/2014/TT-BGDĐT dated January 24, 2014, issued by the Ministry of Education and Training on the six-level Vietnamese Foreign Language Competency Framework;

d) Hold an information technology certificate at a level meeting the basic standard for using information technology as stipulated in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications regulating the standard for using information technology.

Article 7. Intermediate Market Control Officer (Grade Code 21.190)

1. Responsibilities

Is a professional civil servant in the field of market management, responsible for assisting the leadership and management or supporting higher-grade market management civil servants and implementing certain market inspection and supervision tasks as directed by superiors.

2. Tasks

a) Participate, support, and serve in the implementation of market inspection and supervision activities in the assigned field or area;

b) Conduct inspections or assist authorized persons in supervising the compliance with laws by organizations and individuals engaged in commercial services in the assigned area;

c) Assist authorized persons in searching for evidence of administrative violations, ensuring adherence to professional procedures to identify violations and report to the competent authority for handling according to regulations;

d) Participate in recording seals, establishing case files, statistics, and compiling information as directed by superiors to serve inspection and violation handling work;

đ) Safeguard seized items, retain case files, and transfer documents and case files according to regulations;

e) Identify and propose solutions to promptly address deficiencies during the execution of duties; follow professional guidance from higher-grade civil servants;

3. Professional Qualification Standards

a) Understand principles, systems, rules, and procedures related to market inspection and supervision, and the policies of direct leadership;

b) Understand the principles, procedures, and professional procedures of the Market Management Team, Market Management Sub-department, and the authority granted to Market Control Officers, Team Leaders of Market Management Teams, and Sub-department Heads of Market Management Sub-departments;

c) Understand the knowledge of inspection and supervision procedures, professional procedures, steps, and procedures, and laws on handling administrative violations; know how to analyze, synthesize, and propose management or handling measures for cases of violations within the assigned scope;

d) Draft guiding documents and participate in their implementation according to superior directives;

4. Educational and Training Standards

a) Hold a diploma in vocational secondary education, college, or a relevant major suitable for the job;

b) Hold a certificate of training in state administration business for the Intermediate Market Control Officer grade;

c) Hold a foreign language certificate at level equivalent to level 1 of the Vietnamese Foreign Language Competency Framework as stipulated in Circular No. 01/2014/TT-BGDĐT dated January 24, 2014, issued by the Ministry of Education and Training on the six-level Vietnamese Foreign Language Competency Framework;

d) Hold an information technology certificate at a level meeting the basic standard for using information technology as stipulated in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications regulating the standard for using information technology.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Transitional Provisions on the Rank of Market Control Officer

1. Ministries, provinces, and centrally governed cities shall not recruit civil servants under the rank of Market Control Officer from the date this Circular takes effect.

2. Civil servants holding the rank of Market Control Officer prior to the effective date of this Circular shall continue to enjoy current benefits and policies for a period of five years from the date this Circular takes effect. For market management civil servants currently holding the rank of Market Control Officer who are under 55 years old for males and under 50 years old for females as of the effective date of this Circular, the employing agency must arrange for them to study and improve their qualifications to meet the criteria for a higher rank of market management civil servant; if the civil servant meets the criteria and conditions for the mid-level market inspector rank, the employing agency must report to the civil servant management agency for consideration and decision to appoint to the mid-level market inspector rank; if the civil servant meets the criteria and conditions for the market inspector rank, the employing agency must report to the civil servant management agency for consideration to allow the civil servant to take the examination to be promoted to the market inspector rank according to regulations. In cases where a civil servant is assigned to study and improve their qualifications but does not participate in the training or fails to meet the required standards, the employing agency must report to the civil servant management agency for consideration to reassign the work or implement staff reduction measures.

3. Market management civil servants currently holding the rank of Market Control Officer who are 55 years old or older for males and 50 years old or older for females as of the effective date of this Circular, and who have no need or are not assigned to further training, shall retain the benefits and policies of the Market Control Officer rank until retirement age.

Article 9. Implementation Organization

The job titles, rank codes, and professional standards of the ranks of market management civil servants serve as the basis for recruitment, employment, and management of the specialized market management civil servant workforce.

Article 10. Effective Date

1. This Circular takes effect from May 1, 2015.

2. The following regulations are abolished:

a) The professional standards for the mid-level market inspector, market inspector, senior market inspector, and top-level market inspector ranks as stipulated in Decision No. 587 TM/TCCB dated July 12, 1995, issued by the Minister of Commerce regarding the issuance of professional standards for the ranks of civil servants in the commerce sector;

b) Article 1 of Decision No. 77/2004/QĐ-BNV dated November 3, 2004, issued by the Minister of Home Affairs regarding the issuance of rank codes for specialized market management civil servants and some cultural and information sector staff ranks;

c) Decision No. 64/2005/QĐ-BNV dated June 29, 2005, issued by the Minister of Home Affairs regarding the issuance of additional job titles and rank codes for market control officers.

Article 11. Responsibility for Implementation

1. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees, and Chairpersons of centrally governed city People's Committees are responsible for implementing this Circular.

2. Any difficulties encountered during implementation should be reported to the Ministry of Home Affairs for research and resolution./.