Circular No. 09/2001/TT-BTM guiding the organization, tasks, and powers of the Market Management Force at local levels.

CIRCULAR

Guidelines on the organization, tasks, and authorities of market management forces at local levels

 in local areas

____________________

Pursuant to the Law on Commerce dated May 10, 1997;

Pursuant to Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and authorities of market management;

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, authorities, and responsibilities for state management of Ministries and agencies equivalent to Ministries;

Pursuant to Decision No. 696/CP-KTTH dated August 2, 2000 of the Prime Minister and Decision No. 1211/QD-BTM dated August 28, 2000 of the Ministry of Trade regarding the assignment of specialized inspection functions and tasks to market management forces;

After receiving the unified opinion of the Government Organizational and Cadre Affairs Board in Document No. 76/BTCCBCP dated April 9, 2001;

The Ministry of Trade hereby provides specific guidelines on the organization, tasks, and authorities of market management forces at local levels as follows:

I- GENERAL PROVISIONS

1- Market management forces shall perform the functions, tasks, and authorities prescribed in Decree No. 10/CP dated January 23, 1995 of the Government on market inspection and supervision, combating violations of laws in commercial activities, and performing the functions, tasks, and authorities of specialized trade inspection according to the Commercial Law;

2- Market management forces shall be organized in a regular manner with strict organization (as stipulated in Point 7, Section III, Part II of Resolution No. 12-NQ/TW dated January 3, 1996 of the Politburo), ensuring unified management and direction from central to local levels;

3- Activities of market management forces aim to establish order and discipline, improve market health, and ensure that business activities on the market comply with state laws;

4- Market management forces operate independently as prescribed by law, abide by the law, and are responsible before the law and superior agencies for their own decisions;

5- When performing official duties, Market Inspectors must fulfill their assigned tasks and authorities accurately, fairly, objectively, and promptly;

II- TASKS AND AUTHORITIES OF LOCAL MARKET MANAGEMENT FORCES

Pursuant to Article 5 of Decree No. 10/CP and Articles 250 and 257 of the Commercial Law, the main tasks of local market management forces are as follows:

1. Tasks of the Market Management Branch

The Market Management Branch is an organization under the Department of Commerce or the department responsible for state management of commerce (hereinafter referred to as the Department). The Branch has the task of inspecting and supervising the market, combating illegal trading of smuggled goods, prohibited goods, counterfeit goods circulating in the market, and other illegal business activities. Specifically:

1.1 - Directing Market Management Teams to carry out market inspection and supervision tasks; detecting smuggled goods, prohibited goods, counterfeit goods circulating in the market, and other illegal business activities.

1.2- Directing Market Management Teams to inspect, detect, and handle violations related to traders and commercial activities according to the Commercial Law, such as:

+ Engaging in business without a business registration certificate or not in accordance with the contents recorded in the business registration certificate;

+ Conducting commercial activities when suspended or deprived of rights;

+ Not having a registered office or commercial store; not having a signboard or a signboard contrary to the contents recorded in the business registration certificate;

+ Establishing a Representative Office or Branch without a permit or operating a Representative Office or Branch contrary to the contents recorded in the permit;

+ Trading goods or providing services prohibited by law;

+ Violating conditions for conducting business in goods or services subject to conditions as prescribed by law;

+ Violating regulations on implementing price ranges and prices; displaying prices of goods and service prices;

+ Not fully informing about the features and functions of goods, causing damage to consumer interests;

+ Violating labeling regulations;

+ Violating regulations on promotions, advertising, product displays, trade fairs, and exhibitions;

+ Violating regulations on implementing invoices and certificates in buying and selling and circulation of goods;

+ Acts of cheating customers in buying and selling goods and providing services;

+ Violating regulations on export and import of goods;

+ Acts of unfair competition;

+ Other acts violating commercial laws;

+ Acts obstructing Market Inspectors while they are performing official duties.

1.3- Developing programs and plans for market inspections and supervision during each period, reporting to the Department for decision-making; organizing the implementation of inspections and supervision of compliance with commercial laws by organizations and individuals engaged in business; applying measures to prevent and handle administrative violations within the authority of the Branch, cases transferred by Market Management Teams, and being responsible for those decisions.

For cases outside its jurisdiction, the Branch Director reports to the Chairman of the People's Committee of the province or centrally-administered city or the Director of the Market Management Department for handling.

1.4- Directly managing, directing, guiding, and inspecting the activities of Market Management Teams and Market Inspectors, and checking compliance with market management work regulations.

1.5- Promoting and disseminating policies and laws on commerce; proposing to the People's Committee of the province or centrally-administered city measures to ensure the enforcement of commercial laws and prevent violations; proposing to competent authorities amendments, supplements, or issuance of new normative legal documents related to market management work.

1.6- Performing the role of permanent assistance to the Department Director in organizing coordination among sectors and levels in the locality to combat smuggling, production and sale of counterfeit and prohibited goods, and other illegal business activities.

1.7- Receive and handle complaints and reports regarding administrative inspection and violation handling activities of Market Management Teams and market control officers' illegal acts within their authority.

1.8- Summarize the enforcement of laws on the market and market inspection activities at the local level, and implement reporting systems as prescribed.

1.9- Manage and implement personnel policies for staff of the Market Management Office according to the delegated management hierarchy; organize professional training for market control officers; manage finances, assets, and seals as prescribed; establish material infrastructure and ensure necessary working conditions for the entire office's operations; and manage funds to combat unlawful business practices of local market management forces.

2- Tasks of Market Management Teams

Market Management Teams are subordinate units under the Market Management Office. They perform the following tasks:

2.1- Detect and inspect smuggled goods, prohibited items, counterfeit products circulating in the market; check compliance with business registration requirements and registered contents; inspect adherence to regulations concerning traders and trading activities; identify other violations of commercial law within the assigned area as specified in Clauses 1.1, 1.2, Point 1, Section II of this Circular.

2.2- Apply measures to prevent and address commercial law violations within their authority. In cases exceeding their authority, report to the Market Management Office Director for handling.

2.3- Coordinate with relevant agencies in the assigned area to inspect and handle administrative violations involving multiple fields.

2.4- Propose to the Market Management Office to recommend to competent authorities measures to manage the market and prevent commercial law violations within the area; propose amendments and supplements to mechanisms, policies, and commercial laws that need improvement.

2.5- Compile market conditions in the area and implement reporting systems as prescribed.

2.6- Inspect the activities of market control officers in implementing work regulations and complying with laws governing market inspection and supervision.

2.7- Manage and implement personnel policies for team staff according to the delegated management hierarchy; manage finances, assets, operational equipment, seals, and case files as prescribed.

3- Authorities and Responsibilities of Market Management Forces

Based on Article 6 of Decree No. 10/CP and Articles 252, 253 of the Commercial Law, when conducting inspections and supervisions of commercial law compliance, market management forces have the following authorities and responsibilities:

3.1- Authorities

- The right to request organizations and individuals engaged in commerce to provide information, data, documents, evidence, and answers to questions directly related to inspections; the right to inspect when there are signs of commercial law violations at production sites, storage locations of goods, violative objects, means of transportation, books, vouchers, invoices, contracts, and other related documents;

- The right to interact with related organizations and individuals to verify and collect information, data, and evidence for inspection purposes;

- Request competent agencies to appraise violative objects if necessary;

- Draft inspection records and propose solutions;

- Apply preventive and penalty measures for administrative violations within their authority and according to legal provisions.

3.2- Responsibilities

- Adhere to laws, work regulations, and be accountable before state authorities and the law for all actions and decisions made;

- When conducting inspections, present market inspection cards; if legal provisions require inspection decisions from authorized bodies, present both the market inspection card and the inspection decision simultaneously;

- Conduct inspections strictly according to procedures, without causing undue harassment, hindering normal commercial activities, or damaging the legitimate interests of traders;

Report inspection results and proposed solutions to competent authorities.

III- ORGANIZATIONAL STAFFING OF LOCAL MARKET MANAGEMENT FORCES

1- The Market Management Office is a subordinate agency under the Department.

The Market Management Office is headed by a Deputy Director of the Department with the title of Market Management Office Director and several Deputy Directors assisting.

The appointment and removal of the Market Management Office Director are proposed by the Department Director based on standards set by the Ministry of Commerce, and decided upon by the Chairman of the Provincial People's Committee or the Central City People's Committee.

The appointment and removal of Deputy Directors of the Market Management Office are proposed by the Market Management Office Director based on standards set by the Ministry of Commerce, and decided upon by the Department Director after consultation with the Head of the Provincial Civil Service Organization Board.

2- The organizational structure of the Market Management Office includes:

a- Advisory rooms supporting the Market Management Office Director.

Based on work requirements, the scale of market management organization, and local organizational and personnel delegation... the Market Management Office Director proposes plans for organizing the Office's advisory rooms, which are reported to the Department Director for decision after obtaining written agreement from the Head of the Provincial Civil Service Organization Board.

The functions and tasks of the advisory rooms are defined by the Department Director based on proposals from the Market Management Office Director.

b- Market Management Teams subordinate to the Office:

b.1- Based on the development scale of each region in the locality and inspection and supervision requirements, the Market Management Office Director proposes the Department Director to submit to the Chairman of the Provincial People's Committee or the Central City People's Committee for decisions on establishing Market Management Teams according to the following principles:

- Teams subordinate to the Office to resolve cases throughout the province or city.

- The Teams under the Branch shall be located in districts, counties, towns, and cities directly under provinces (hereinafter referred to as counties) where there are relatively developed markets and where major trading hubs are concentrated;

- Inter-county Market Management Teams;

- Market Management Teams without their own administrative support staff: depending on the organizational scale of the Team, the Branch Director shall decide on the assignment of dedicated or兼任专职或兼职公务员；兼职不得违反组织制度，如：队长不得兼任会计或出纳，会计不得兼任出纳。

b.2- Each Team shall have a Team Leader responsible and several Deputy Team Leaders assisting;

b.3- The names of Market Management Teams shall be uniformly designated according to numbers 1, 2, 3...;

b.4- The appointment and removal of Team Leaders and Deputy Team Leaders of Market Management Teams shall be proposed by the Branch Director of the Market Management Branch and decided upon by the Department Director based on the standards set by the Ministry of Commerce;

3- The staffing of the Market Management Branch shall be within the total state management staffing allocated to the Department by the province;

IV- ON WORKING CONDITIONS

1 - The Market Management Branch and Market Management Teams shall have offices, seals, and be equipped with working tools as prescribed, and shall be funded by the state budget in accordance with the specific nature of market management activities; they may open transaction accounts at the State Treasury, including:

+ The Branch may be organized as a budgetary unit, open transaction accounts, temporary holding accounts at the State Treasury, and establish a fund to combat illegal business activities in accordance with the guidance of the Ministry of Finance;

+ Teams that are not budgetary units may still open accounts to receive salaries and advance necessary expenses to ensure the operation of the Team and settle funds with the Branch;

2- The Market Management Branch may establish a fund to combat illegal business activities and be rewarded from revenues generated from handling violations in accordance with government regulations;

3- Market management civil servants shall meet the professional standards for civil servants as prescribed, receive salaries according to the salary scale stipulated by the state for market management; they shall be provided with uniforms, insignia, badges, and signs uniformly across the entire force in accordance with the guidance of the Ministry of Commerce and the Ministry of Finance. Civil servants qualified to perform inspection duties shall be issued inspection cards by the Ministry of Commerce (Market Management Bureau) to carry out their tasks;

V- RELATIONSHIP OF WORK

The relationship between the Ministry of Commerce and local People's Committees and local market management organizations is as follows:

1. The Ministry of Commerce shall direct, guide, and manage the national market management force uniformly regarding: inspection techniques; civil servant standards; vocational training; equipment systems for the market management force;

The Market Management Bureau shall be responsible for assisting the Ministry of Commerce in uniformly directing the Market Management Branches nationwide regarding: the direction of market management force activities during each period; guiding, building the force, policies, professional standards for civil servants (including standards for Branch Directors and Team Leaders), inspection techniques, and violation handling; training and vocational training; inspecting the activities of Branches, Teams, and Market Control Officers; creating necessary working conditions (uniforms, simple weapons, and supporting tools, issuing market management seals uniformly, issuing and recalling inspection cards, signs, and badges for market management) for the national market management force;

2- The provincial or centrally-administered city People's Committee shall be responsible before the Government for market management work in the locality and managing the market management force in the locality in accordance with the law;

- The Department Director assists the Chairman of the provincial or centrally-administered city People's Committee in managing, directing, and supervising the activities of the Market Management Branch regarding the program and plan of the Branch's activities; organization, staffing, and implementation of policies for Branch civil servants according to the分级管理干部的规定。

The Branch Director shall be responsible for:

+ Assisting the Department Director in directing market management work and being authorized by the Department Director to organize coordination between the market management force and other inspection forces in the area; having a cooperation plan and program with the county People's Committee to supervise the activities of Market Management Teams and create necessary conditions for the Teams to operate;

+ Based on the assigned staffing quota, the Branch Director shall report to the Department Director to propose the competent authority to organize examinations and recruit new civil servants; allocate personnel for market management work, anti-smuggling, and anti-counterfeiting in the area;

+ Transfer the work of Team Leaders, Deputy Team Leaders, Heads, and Deputy Heads of Departments, and civil servants within the Branch according to the needs of the tasks after reporting to the Department Director when necessary;

+ Adjust salaries according to the system, reward, and discipline Branch civil servants according to the分级管理干部的规定。

3- The Market Management Team Leader operating in a county or inter-county area shall be responsible for implementing tasks as prescribed in Point 2, Section II of this Circular and other tasks assigned by the Market Management Branch and the county People's Committee; report and seek guidance from the Chairman of the local People's Committee (where the Team operates) on the inspection program and results of the Team's activities during each period;

VI- IMPLEMENTATION

1- The Department Director shall base this Circular to instruct the Branch Directors of Market Management Branches to develop Organizational and Staffing Plans for the Market Management Branch to submit to the Chairman of the provincial or centrally-administered city People's Committee for decision. The consolidation and improvement of the organization must be carried out urgently but must comply with organizational principles, follow legal provisions, and not affect the inspection activities of the market management force.

This Circular takes effect fifteen days after the date of issuance and replaces Circular No. 10/TM-QLTT dated April 19, 1995, issued by the Ministry of Trade on the functions, duties, and authorities of local market management agencies. All previous regulations issued by the Ministry of Trade that conflict with this Circular are hereby abolished.