Circular No. 06/2003/TT-BTM Regarding the Guidance on Functions, Duties, Authorities, and Organization of Market Management Boards

CIRCULAR OF THE MINISTRY OF TRADE

Regarding guiding functions, tasks, powers, and organization of Market Management Boards

 Pursuant to the Government Decree No. 95/CP dated December 4, 1993 on the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to the Government Decree No. 02/2003/NĐ-CP dated January 14, 2003 on developing and managing markets;

After reaching consensus with the Ministry of Home Affairs (Circular No. 1717/BNV-TCBC of the Ministry of Home Affairs dated July 25, 2003), the Ministry of Trade guides the functions, tasks, powers, and organization of Market Management Boards as follows:

Article 1. This Circular applies to Market Management Boards currently managing markets constructed or supported financially by the State.

I. GENERAL PROVISIONS

Article 2. The decision to establish Market Management Boards and the specific regulations regarding their functions, tasks, powers, and organization shall be carried out according to the provisions on market management decentralization under Article 15 of the Government Decree No. 02/2003/NĐ-CP and the provisions of this Circular.

Article 3. Based on the nature, characteristics, and scale of the market, the People's Committee at the competent level decides whether to entrust a Market Management Board to manage one or several markets within its jurisdiction.

Article 4. The organization and management of the following types of markets are not within the scope of regulation of this Circular:

4.1. Markets that have been assigned to enterprises for business exploitation and management prior to the effective date of the Government Decree No. 02/2003/NĐ-CP.

4.2. New markets constructed or supported financially by the State from the date of the effective date of the Government Decree No. 02/2003/NĐ-CP, which are entrusted or selected through bidding by the People's Committee at the competent level for enterprises or cooperatives to exploit and manage.

4.3. Markets constructed by organizations, individuals, households, or enterprises of various economic sectors, managed by those organizations, individuals, households, or enterprises in the form of businesses as prescribed by law.

II. FUNCTIONS, TASKS, POWERS, AND ORGANIZATION OF MARKET MANAGEMENT BOARDS

1.1. Market Management Boards implement the function of managing market activities and organizing business services at markets in accordance with the law.

1. Functions:

1.2. Market Management Boards are self-financing public service units, covering their regular operational expenses; they possess legal personality, have their own seals, and maintain separate accounts at the National Treasury.

2. Tasks and Powers: Market Management Boards are responsible for implementing the provisions of the Government Decree No. 02/2003/NĐ-CP and have the following specific tasks and powers:

2.1. Submit to the People's Committee at the competent level for approval according to market management decentralization:

a) Approving the Plan for Business Point Utilization and Arrangement of Trades at the Market.

b) Specifying the use, rental, duration, and management measures for business points at the market.

c) Approving the Market Regulations.

d) Approving the Plan for Ensuring Fire Prevention, Environmental Sanitation, Public Order, and Food Safety within the Market.

e) Approving the Plan for Major Repairs, Upgrades, and Development Activities of the Market when necessary.

2.2. Decide to organize bidding in accordance with the law to select traders to use or rent business points at the market according to the approved plan. In cases where the number of registered traders is less than the existing number of business points, the Market Management Board has the authority to decide on selecting traders without having to organize bidding.

2.3. Sign contracts with traders using or renting business points at the market according to the approved plan.

2.4. Organize the management and operation of the market, implement the Market Regulations, and handle violations of the Market Regulations.

2.5. Coordinate with local authorities and specialized agencies to ensure fire prevention, environmental sanitation, public order, and food safety within the market.

2.6. Develop and operate supporting services such as vehicle parking, cargo handling, warehouse rental, market information provision, goods quantity and quality inspection, environmental sanitation, catering, entertainment, and other activities within the market in compliance with laws and towards modernization.

2.7. Collect and remit rental fees for business point usage by traders and other market-related fees and charges as prescribed by law.

2.8. Coordinate with local authorities and mass organizations to disseminate economic and social information, promote and guide the implementation of policies, legal regulations, and obligations to the State of traders operating in the market; organize cultural and social activities in the market.

2.9. Be responsible for managing the assets and financial results of the Market Management Board in accordance with the law.

2.10. Summarize the trading activities of the market and report regularly to state management agencies as stipulated by the Ministry of Trade.

3. Organization:

3.1. The Market Management Board has a Director and 1 to 2 Deputy Directors. The Director and Deputy Directors are appointed, dismissed, rewarded, and disciplined by the Chairman of the People's Committee at the competent level.

3.2. The Director of the Market Management Board is responsible to the People's Committee at the competent level for all activities of the market and the Market Management Board. Deputy Directors assist the Director and are responsible to the Director for carrying out one or more tasks assigned by the Director.

3.3. Based on the nature, characteristics, workload, and financial capacity, the Director of the Market Management Board decides on the organization of specialized departments to assist in managing and operating the market and organizing services within the market; sign contracts for hiring labor and other contracts with agencies and enterprises for ensuring environmental sanitation, fire prevention, public order, etc., within the market in accordance with the law.

1. The People's Committees of provinces and centrally-administered cities direct the Departments of Commerce (Commerce and Tourism Departments) to coordinate with the Provincial and City Organization Departments to carry out the following specific tasks:

III. IMPLEMENTATION

1. The People's Committee of the province or centrally governed city shall direct the Department of Trade (Department of Trade and Tourism) to coordinate with the Provincial or Municipal Administrative Organization Board to carry out the following specific tasks:

1. 1. Organize the investigation and re-classification of all markets in accordance with Article 3 of Government Decree No. 02/2003/NĐ-CP to proceed with market management levels as prescribed in Article 15 of Government Decree No. 02/2003/NĐ-CP.

1. 2. Submit to the People's Committee of the province or city for detailed regulations on Market Rules based on the Model Market Rules issued by the Ministry of Trade and regulations on handling violations of Market Rules.

1. 3. Develop Plans and programs to gradually transfer all markets to business enterprises for operation and management within five years from the date Government Decree No. 02/2003/NĐ-CP takes effect, to be submitted to the People's Committee of the province or city for decision. In special cases where some key markets have not been transferred to business enterprises within five years, maintaining the Market Management Board for additional time must be approved by the Ministry of Trade.

2. During the period before transferring according to the above Plan and program, the current Market Management Board shall continue to operate in accordance with its functions, tasks, and authorities stipulated in Section II of this Circular.

3. State officials who were assigned to the Market Management Board prior to the effective date of Government Decree No. 02/2003/NĐ-CP shall be subject to the current legal provisions governing public service employees, but their salaries shall not be sourced from the state budget.

4. For markets being transferred to business enterprises for management and operation, in principle, the entire staff of the Market Management Board must be transferred to the receiving enterprise. The People's Committee at the appropriate level shall decide whether to transfer or not to transfer the state officials mentioned in Clause 3 above to the business enterprise and handle policies and benefits in accordance with current regulations.

IV. EFFECTIVE DATE

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. The Department of Commerce (Department of Commerce - Tourism) shall cooperate with the Organization and Administration Board of the provincial or municipal people's committee to assist the provincial or municipal people's committee in implementing the provisions of Government Decree No. 02/2003/NĐ-CP and the guidance provided in this Circular; report the organization and implementation plan of this Circular and annually report the situation and results of its implementation to the Ministry of Trade. During the implementation of this Circular, provinces and cities need to regularly reflect difficulties and obstacles to the Ministry of Trade for timely research and resolution.

During the implementation of this Circular, provinces and cities need to regularly reflect difficulties and obstacles to the Ministry of Trade for timely research and resolution./.