Circular No. 09/2018/TT-BCT stipulates the professional and vocational standards for the ranks of market management civil servants.

CIRCULAR

REGULATION sets the professional standards

for civil servants in Market Management ranks

Pursuant to the Civil Servants Law on November 13, 2008;

Pursuant to the Market Management Law dated March 8, 2016;

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. 148/2016/ND-CP dated April of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; 2016 of the Government detailing the implementation of certain provisions of the Market Management Ordinance;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers and organizational structure of Ministries and ministerial-level agencies;

Based on Decree No. 98/2017/NĐ-CP dated August 18 August 2017 /NĐ-CP dated March

At the proposal of the Director of the Market Management Department;

The Minister of Industry and Trade, after reaching consensus with the Ministry Ministry of Science and Technology of Home Affairs issues this Circular stipulating sets the BASED ON THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY NO. 57/2014/QH13 AS AMENDED AND COMPLEMENTED WITH SOME ARTICLES PURSUANT TO LAW NO. 65/2020/QH14; professional standards for the Market Management civil servant ranks.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the professional standards for the Market Management civil servant ranks, including the ranks: Senior Market Inspector, Principal Market Inspector, Market Inspector, Intermediate Market Inspector.

Article 2. This Circular applies to Market Management civil servants working at Market Management agencies at all levels.

 Article 2. General Standards on Moral Qualities

1. Possessing firm political will, steadfast in Marxism-Leninism, Ho Chi Minh Thought, mastering the Party's guidelines and policies; loyal to the country and adhering to the Constitution of the Socialist Republic of Vietnam; protecting the interests of the country and the people.

2. Fulfilling fully the duties of a civil servant as prescribed by law; strictly executing assigned tasks by superiors; abiding by laws, maintaining discipline, being exemplary in following internal regulations and rules of the agency.

3. Devoted, responsible, honest, impartial, fair, and exemplary in performing public duties; courteous, cultured, and appropriate in communication and service to the people.

4. Living a healthy lifestyle, being modest, united; thrifty, honest, dedicated, impartial; not exploiting public service for personal gain; not being bureaucratic, corrupt, wasteful, or negative.

5. Continuously have a sense of learning and training to improve moral qualities, competence, and capabilities.

Chapter II

DUTIES, TASKS AND PROFESSIONAL STANDARDS

OF THE MARKET MANAGEMENT CIVIL SERVANT RANKS

Article 3. Senior Market Inspector

1. Responsibilities

Is a Market Management civil servant with the highest professional qualifications in central and provincial Market Management agencies; responsible for leading and advising on policy formulation, strategy, and directly directing and implementing large-scale, complex market management laws within the national scope or within the province or centrally-administered city under their jurisdiction.

2. Tasks

a) Leading and advising on the drafting of legal normative documents; research topics, projects, and scientific studies at the ministerial or provincial level related to the functions, responsibilities, powers, and organizational structure of the Market Management force and related state management areas, aiming to innovate and improve management mechanisms, enhancing the effectiveness of the Market Management force's operations.

b) Leading and advising on organizing and implementing inspection, supervision, and administrative violation handling activities for major cases involving multiple sectors, regions, or international issues.

c) Organizing evaluations of the Market Management force's activities; proposing solutions to amend policies, laws, procedures, and business practices related to the Market Management force's operations.

d) Leading the compilation and development of professional guidance materials for the Market Management force; organizing specialized training sessions, vocational training, or disseminating knowledge and experience of the Market Management force.

3. Professional Qualification Standards

a) Mastering the Party's policies and State laws related to the functions and responsibilities of the Market Management force and other relevant areas of market management; understanding administrative management principles of state management agencies from central to local levels; having a thorough understanding of economic management, legal knowledge, and international economic integration; being aware of industry and sector trends in domestic and global market management.

b) Understanding the functions, responsibilities, powers, organizational structure, procedures, processes, inspection and supervision authority, and administrative violation handling authority of the Market Management force.

c) Having experience in organizing and directing inspections, controls, and handling of violations involving complex cases across multiple sectors, regions, or provinces.

d) Having the ability to analyze, synthesize, evaluate the implementation of policies and systems, and propose methods to improve or resolve practical issues within the Market Management force's functions and responsibilities.

đ) Having the ability to organize and direct the application of scientific and technological advancements to improve and enhance the quality and efficiency of the Market Management force's work.

e) For civil servants applying for promotion to the rank of Senior Market Inspector, during their tenure in the rank of Principal Market Inspector or equivalent, they must have led the drafting of at least two legal normative documents or research topics, projects, programs at the ministerial or provincial level that their agency was tasked to lead and which were issued or approved by competent authorities. Specifically, as follows:

There must be a decision from a competent authority appointing them to join the Drafting Board or Drafting Team for legal normative documents that their agency was tasked to draft and which were subsequently issued by a competent authority. In cases where the drafting of such documents does not require the establishment of a Drafting Board according to the Law on Legal Normative Documents, there must be a task assignment document from a competent authority.

There must be a decision from a competent authority appointing them to join the Steering Committee, Head Committee, or Drafting Board for research topics, projects, programs at the ministerial or provincial level that their agency was tasked to lead and which were subsequently approved or accepted by a competent authority.

g) Has experience organizing and directing the implementation of market management business activities nationwide or within the assigned area. A civil servant applying for promotion to Senior Market Inspector must have held the rank of Chief Market Inspector or equivalent for at least six years, including at least one year (twelve months) as a Chief Market Inspector.

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) Holds a degree in Advanced Political Theory or Advanced Political Theory and Administration, or a Bachelor's degree in Politics, or has a certificate confirming an equivalent level of political theory from an authorized agency;

c) Holds a certificate in state administration training for the Senior Market Inspector rank;

d) Holds a foreign language certificate at a level equivalent to Level 4 of the Vietnamese Foreign Language Competency Framework as stipulated in Circular No. 01/2014/TT-BGDĐT dated January 24, 2014, issued by the Minister of Education and Training on the Vietnamese Foreign Language Competency Framework with six levels;

đ) Holds a computer skills certificate 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 Skills, or an equivalent application-level computer skills certificate;

Article 4. Chief Market Inspector

1. Responsibilities

Is a market management civil servant with high professional and vocational requirements; responsible for advising and consolidating to perform the functions and tasks of the market management force within multiple provinces or on the assigned area from district level upwards.

2. Tasks

a) Organizes the implementation of market management tasks nationwide or within the assigned provincial or district level; develops inspection and supervision plans within the national scope or within the assigned provincial or district level;

b) Organizes guidance, monitoring, and inspection of the implementation of systems, policies, professional and vocational matters; proposes measures to implement the functions and tasks of the market management force;

c) Leads or participates in organizing the implementation of specialized vocational activities related to market management; implements procedural operations, compiles, evaluates, and recommends solutions to improve regulatory mechanisms and policies of the market management force;

d) Leads or participates in researching topics and projects related to vocational management, improving content, and enhancing the effectiveness of management methods;

đ) Leads or participates in compiling and developing materials for vocational training on inspections, examinations, and administrative violation handling for the market management force;

e) Participates in specialized training, vocational training, or disseminating knowledge and experience in performing the functions and tasks of the market management force; provides professional and vocational guidance to market management civil servants;

g) Leads or participates in conducting inspections, audits, and administrative violation handling for cases of significant scale and complexity involving multiple fields;

h) Directly performs official duties and other tasks assigned by superiors;.

3. Professional Qualification Standards

a) Understands the Party's guidelines and State laws; the political system, organizational structure of state agencies, civil service systems, and relevant professional and vocational knowledge and skills related to the functions and tasks of the market management force;

b) Leads or participates in drafting guiding legal documents; builds proposals, projects, and research programs; evaluates economic and social impacts on legal documents being prepared for issuance;

c) Organizes guidance and implementation of systems, policies, and regulations regarding the functions and tasks of the market management force; implements proposals for inspection and evaluation;

d) Organizes coordination, conducts inspections, and summarizes policy enforcement according to the functions and tasks of the market management force;

đ) Organizes research to serve management and handle management information;

e) For civil servants applying for promotion to Chief Market Inspector, during their time holding the rank of Market Inspector or equivalent, they must have led or participated in drafting at least one legal document, topic, project, or research program at the Ministry or provincial level, which was approved or accepted by the competent authority. Specifically, as follows:

There is a decision by an authorized person assigning participation in the Drafting Board or Drafting Team, Steering Committee, or Editorial Team of legal documents that the civil servant's working unit is tasked to lead and which have been issued by the competent authority. In cases where participation in drafting documents does not require the establishment of a Drafting Board, Drafting Team, or Editorial Team according to the Law on Issuance of Legal Documents, there must be a task assignment document from an authorized person.

There is a decision by an authorized person assigning participation in the Steering Committee, Head Committee, Drafting Board, Supporting Team, Editorial Team, or Compilation Team of topics, projects, programs, or research at the Ministry or provincial level that the civil servant's working unit is tasked to lead and which have been accepted or approved by the competent authority;

g) Has experience in the field of administration, public service, or leadership and management activities. Civil servants applying for promotion to Chief Market Inspector must have held the rank of Market Inspector or equivalent for at least nine years (excluding probationary and trial periods), including at least one year (twelve months) as a Market Inspector.

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) Holds a certificate in state administration training for the Chief Market Inspector rank;

c) Hold a foreign language certificate equivalent to level 3 of the Vietnamese Foreign Language Competency Framework as stipulated in Circular No. 01/2014/TT-BGDĐT dated January 24, 2014, issued by the Minister of Education and Training on the Vietnamese Foreign Language Competency Framework of six levels, or hold a certificate for ethnic minority language training issued by an authorized training institution for civil servants working in ethnic minority regions.

d) Hold a computer skills certificate 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 Skills, or an equivalent application-level computer skills certificate.

Article 5. Market Inspector

1. Responsibilities

Is a professional civil servant with basic expertise in the market management force, assisting the head of the market management agency at all levels in performing advisory, management tasks; directly implementing inspection, supervision activities, and administrative violation handling according to the law or performing the functions and tasks assigned to the market management force.

2. Tasks

a) Develop specific plans to implement the management tasks within the functions and responsibilities of the market management force; develop inspection and supervision plans and schemes within the assigned areas.

b) Study and resolve issues within authority or advise on matters requiring decisions from competent authorities; inspect and handle administrative violations within authority; recommend administrative measures to prevent and stop violations to competent authorities.

c) Monitor, compile, and report promptly on the implementation of inspections, supervision, and violation handling as prescribed.

d) Record seals, establish case files for violation cases; statistically compile and report promptly on the implementation of supervision and violation handling as prescribed.

đ) Research 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) Be proficient in specialized knowledge in market management.

c) Be familiar with the goals, objects of management, systems of principles, mechanisms of market management work, and related systems.

d) Develop plans, schemes, types of administrative documents, and be proficient in recording market management seals.

đ) Possess the ability to synthesize and implement market inspection and supervision work, organize coordination with relevant units and individuals, and the ability to work independently.

Civil servants applying for promotion to the rank of Market Inspector must have held the rank of Intermediate Market Inspector for a minimum of three years (36 months). In the case of holding the rank of Market Control Officer, the time held in that rank or its equivalent must be a minimum of five years (60 months).

4. Educational and Training Standards

a) Hold a bachelor's degree or higher in a relevant field corresponding to the area of work.

b) Hold a certificate in public administration training for the rank of Market Inspector.

c) Hold a foreign language certificate 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 Minister of Education and Training on the Vietnamese Foreign Language Competency Framework of six levels, or hold a certificate for ethnic minority language training issued by an authorized training institution for civil servants working in ethnic minority regions.

d) Hold a computer skills certificate meeting the basic standard for information technology usage as stipulated 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 Skills, or an equivalent application-level computer skills certificate.

Article 6. Intermediate Market Control Inspector

1. Responsibilities

Is a specialized civil servant of the Market Management Force, responsible for supporting and participating in implementing certain tasks in the specialized inspection activities of the Market Management Force according to the division of labor and direction of the immediate superior or performing the functions and tasks assigned to the Market Management Force.

2. Tasks

a) Participate in and support the construction and implementation of plans and inspection schemes in the field or area assigned.

b) Carry out inspections or assist those authorized to inspect and supervise compliance with laws by organizations and individuals engaged in commercial services in the assigned area.

c) Assist those authorized to inspect in searching for evidence and means of administrative violations, ensuring compliance with procedural regulations to detect violations and report to the competent authority for handling in accordance with regulations.

d) Assist those authorized to record seals, establish case files of violations, compile statistics, and aggregate information and data as directed by superiors to serve inspection and violation handling work.

đ) Safeguard seized items and retain case files; transfer documents and case files in accordance with regulations; perform tasks assigned in accordance with the functions and duties of the Market Management Force.

e) Identify and propose solutions to promptly adjust deficiencies during the execution of official duties.

3. Professional Qualification Standards

a) Understand the Party's policies, State laws, and local regulations related to the inspection and control fields assigned.

b) Be familiar with the functions, responsibilities, authorities, and regulations of the local Market Management Authority and the authorities of Market Management positions in administrative violation handling laws.

c) Master knowledge about inspection and control procedures, processes, steps, and formalities, and laws on administrative violation handling.

d) Know how to analyze, synthesize, and propose management or handling measures for violations within the assigned scope.

đ) Draft guidance documents and participate in their implementation in accordance with superior directives.

4. Educational and Training Standards

a) Hold a college degree in a relevant major suitable for the job sector.

b) Hold a certificate in state administration training for the Intermediate Market Control Inspector position.

c) Possess a foreign language certificate 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 Minister of Education and Training on the Vietnamese Foreign Language Competency Framework, or a certificate in ethnic minority languages issued by authorized training institutions for civil servants working in ethnic minority areas.

d) Have computer skills meeting the basic standard for information technology usage as stipulated in Circular No. 03/2014/TT-BTTTT dated March 11, 2014, issued by the Minister of Information and Communications on Information Technology Usage Standards, or an equivalent application computer certificate.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Implementation Organization

1. The professional standards for the ranks of civil servants in the Market Management Force are the basis for recruitment, rank transfer, promotion, utilization, and management of Market Management civil servants.

2. Civil servants holding the rank of Market Control Clerk prior to this date shall continue to enjoy current benefits and policies until April 30, 2020.

3. For Market Management civil servants currently holding the rank of Market Control Clerk as of the effective date of this Circular, if they are under 55 years old for males and under 50 years old for females, the employing agency must arrange for them to study to improve their qualifications to meet the criteria for higher ranks of Market Management civil servants. If the civil servant meets the criteria for the Intermediate Market Control Inspector rank, the employing agency shall report to the civil service management agency for consideration and appointment to the Intermediate Market Control Inspector rank. If the civil servant meets the criteria for the Market Control Inspector rank, the employing agency shall report to the civil service management agency for consideration to allow the civil servant to take the examination for promotion to the Market Control Inspector rank as prescribed. In cases where the civil servant is sent for further education but does not participate in the study or fails to meet the requirements, the employing agency shall report to the civil service management agency for reassignment or reduction in staff.

Article 8. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from July 9, 2018.

2. Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees directly under the Central Government, and related agencies, organizations, and individuals are responsible for implementing this Circular.

3. During the implementation process, if there are difficulties or obstacles, organizations and individuals should reflect them to the Ministry of Industry and Trade for research and resolution./.