Directive No. 06/2004/CT-BTM on rectifying traffic inspection and control activities by Market Management forces

DIRECTIVE

On Rectifying Road Traffic Inspection and Supervision Activities

of Market Management Forces 

In recent times, market management forces in provinces and cities have performed their tasks of inspecting and supervising markets in various areas well. However, alongside this, the situation of stopping transportation vehicles to check goods being transported on traffic routes, especially on inter-provincial national highways and north-south road routes, still occurs extensively, hindering the legitimate flow of goods, generating negative phenomena, and affecting the reputation of market management forces.

The reason for such situations is due to the existence of inadequacies in understanding and organizing the implementation of inspection and supervision tasks at these places, focusing only on checking goods circulating on roads, paying little attention to inspections at sales locations, storage sites, and distribution channels within the area; the management and inspection of compliance with laws in market inspection and supervision activities by subordinate levels are lax or not regular; the selection and deployment of civil servants with a sense of responsibility and moral integrity for road inspection and supervision tasks have not been done well; the handling of civil servants who violate the law has not been strict and timely, showing signs of cover-up, evasion, favoritism, and bias.

To address the aforementioned situation, it is necessary to immediately organize and rectify deviations and violations in the road inspection and supervision activities of market management forces nationwide. The Minister of Trade issues the following directive:

1. Strictly prohibit market management forces from arbitrarily stopping transportation vehicles on traffic routes, particularly on inter-provincial national highways and north-south road routes, to conduct groundless inspections of goods on the vehicles, hindering the legitimate flow of goods and causing property damage to cargo owners and vehicle owners. If in any locality or unit, arbitrary and groundless inspections and supervision on traffic routes occur, with actions causing inconvenience, harassment, accepting bribes from cargo owners or vehicle owners, or other negative behaviors, in addition to strictly dealing with civil servants directly involved in the violations, the Team Leader and the Deputy Director of the Market Management Office managing the civil servants must also be held responsible for the violation of the law in the unit.

2. Market Management Offices need to review and reorganize market inspection and supervision activities in local areas, assigning and delegating specific tasks to Market Management Teams to closely monitor the area, focusing on inspecting individuals and organizations engaged in commercial activities on the area regarding compliance with state laws on commerce. If civil servants fail to complete their tasks or show signs of negativity, the Director of the Market Management Office may transfer or rotate civil servants within the area, including leaders of Market Management Teams.

3. In complex smuggling areas, when it is necessary to inspect and prevent the transport of contraband goods on traffic routes, it can be assigned to a Market Management Team to implement, and inspections can only be conducted when there is solid evidence that the transportation vehicle is carrying smuggled goods, prohibited goods, counterfeit goods, and goods not permitted to circulate and use in Vietnam. If the inter-provincial national highway is long and runs through multiple locations under the jurisdiction of different Teams, the Market Management Office will direct the coordination between Teams based on specific requirements to avoid overlapping inspections that affect the flow of goods.

Market Management Offices must report to the Bureau the name of the Team and the name of the civil servant, license plate number, and market inspection card number of those assigned the task of inspecting and supervising on traffic routes for monitoring and inspection. Apart from the Market Management Team and the civil servants of the Team assigned the task of inspecting and supervising on traffic routes reported to the Bureau, other Teams and other Market Management civil servants are not allowed to stop transportation vehicles on traffic routes to inspect goods.

4. All cases of inspecting goods being transported on moving transportation vehicles on traffic routes must be decided by the Director or Deputy Director authorized by the Director, or agreed upon in writing by these persons and bear responsibility for their decisions; they must coordinate with the nearest traffic police force if the vehicle needs to be stopped (except in border county areas where special regulations apply); move the vehicle to the office premises or a convenient location for inspection, not conducting inspections on the traffic route which affects traffic safety; follow the prescribed procedures and formalities under the law for inspection, violation handling, and work regulations; not create additional procedural documents or invoices outside the legal provisions to require cargo owners, vehicle owners, or drivers to comply; not abuse power, treat people rudely, or violently towards inspected subjects; retain all case files of inspections and handling of goods on the road according to general regulations at the unit for higher-level management agencies to review when necessary.

5. The Market Management Agency and its Branches must focus on educating the moral character, sense of responsibility, and professional skills for the staff and civil servants involved in market management inspections and controls on roads; implement checks on compliance with laws and this Directive by their forces; regularly or unexpectedly inspect the activities of control forces on roads, especially paying attention to routes and places where goods owners, vehicle drivers, and public opinion have reported or where there are many complaints and accusations. Any arbitrary inspection of goods on roads, failure to comply with legal regulations on inspections and handling violations, violation of work rules, and this Directive shall be recorded in violation reports at the scene, immediately revoke the market inspection cards, and strictly handle according to the law.

6. The Market Management Agency is responsible for coordinating with relevant agencies of the Ministry of Public Security to study and draft joint circulars guiding the cooperation between market management forces and traffic police in stopping vehicles for inspection of transported goods as stipulated in Point 4 of Directive No. 21/1998/CT-TTg dated April 24, 1998 of the Prime Minister, submit for consideration and issuance by the Ministry's leadership, and monitor and check the implementation of this Directive, compiling the situation to report to the Minister.

7. The Ministry of Trade requests businesses, goods owners, transport vehicle owners operating on road routes, and mass media organizations to promptly reflect cases of arbitrary inspection of goods on roads and other illegal and corrupt behaviors of market management force officials during inspections. These reflections should be sent to the Market Management Agency under the Ministry of Trade at 91 Dinh Tien Hoang Street, Hanoi, or through the hotlines of the Market Management Agency or provincial Market Management Branches.

In cases where goods owners, vehicle owners, vehicle drivers, or public opinion have reported or complained, the Market Management Agency and its Branches must immediately conduct inspections and verifications to clarify the situation and issue written responses to complainants or the public.

Rectifying and strengthening the management of market management forces' inspection and control activities on roads is one of the urgent tasks that need immediate action. The Ministry of Trade requests the Chairmen of Provincial People's Committees directly under the central government to pay attention and direct the Departments of Commerce and Market Management Branches in organizing and implementing this Directive.

Upon receipt of this Directive, the Market Management Agency, Departments of Commerce, and Market Management Branches of provinces and cities must immediately implement it and report the results to the People's Committee of the province or city and the Ministry of Trade for guidance.