Ordinance No. 11/2016/UBTVQH13. Market Management

ORDINANCE

MARKET MANAGEMENT

Based on the Constitution of the Socialist Republic of Vietnam;

Pursuant to Resolution No. 89/2015/QH13 dated June 9, 2015 of the National Assembly adjusting the Program on Law and Ordinance Building for the 2015 term of the XIIIth National Assembly and the 2016 Program on Law and Ordinance Building;

The Standing Committee of the National Assembly promulgates this Market Management Ordinance.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the position, functions, organization; inspection and specialized supervision activities of the Market Management force; coordination mechanisms and responsibilities of relevant agencies, organizations, and individuals; ensuring operations, systems, and policies for the Market Management force.

Article 2. Applicability

1. Agencies, market management civil servants.

2. State agencies, organizations, and individuals within the territory of the Socialist Republic of Vietnam related to the organization and operation of the Market Management force.

Article 3. Explanation of Terms

In this Ordinance, the following terms shall be understood as follows:

1. Inspection activities of the Market Management force are activities conducted to examine and evaluate compliance with laws by organizations and individuals in trading goods and services and other areas when assigned by the Government.

2. Specialized supervision activities of the Market Management force are supervision activities carried out by the Market Management agency regarding organizations and individuals' compliance with laws related to market management.

3. Scope of operation of the Market Management force includes production and business locations of organizations and individuals; cargo concentration and transfer sites, airports, ports, bus stations; transportation routes for goods within the territory of the Socialist Republic of Vietnam, excluding customs areas.

Article 4. State management over the Market Management force

1. Contents of state management over the Market Management force include:

a) Developing and directing the implementation of strategies, planning, and plans for developing the Market Management force;

b) Issuing and organizing the implementation of regulatory legal documents concerning the Market Management force;

c) Guiding, implementing, and promoting laws related to the activities of the Market Management force;

d) Specifying the organization and activities of the Market Management force;

đ) Training, enhancing, and building a cadre of Market Management civil servants;

e) Organizing research and application of modern science and technology in the activities of the Market Management force;

g) National statistics on the activities of the Market Management force;

h) Supervision, inspection, handling complaints, accusations, and violations of laws related to the activities of the Market Management force;

i) International cooperation related to the activities of the Market Management force, including information exchange, operational cooperation, signing and organizing the implementation of international agreements.

2. The Government exercises unified state management over the Market Management force.

3. The Ministry of Industry and Trade is responsible before the Government for state management over the Market Management force; leading and coordinating with ministries, ministerial-level agencies, and provincial People's Committees in the construction, organization, and operation of the Market Management force.

4. Ministries and ministerial-level agencies within their respective duties and powers have the responsibility to coordinate with the Ministry of Industry and Trade in state management over the Market Management force.

5. Provincial People's Committees within their respective duties and powers have the responsibility to organize the implementation of laws related to market management at the local level.

Article 5. Principles of Operation of Market Management Forces

1. Adhere to the Constitution and laws; respect and protect the interests of the State, human rights, legitimate rights and interests of agencies, organizations, and individuals; ensure objectivity, accuracy, transparency, and non-discrimination; create a favorable environment for economic and social development and ensure social welfare.

2. Proactively prevent, promptly detect, stop, and handle violations of the law within the scope of assigned functions and tasks.

3. Closely coordinate with relevant agencies and organizations in preventing and combating violations of the law within the scope of assigned functions and tasks.

4. Protect the confidentiality of information sources, documents, and inspection and audit results related to inspected organizations and individuals.

5. Rely on the people, mobilize the strength of the people, and be subject to the supervision of the people.

Article 6. Building Market Management Forces

1. The State builds regular, professional, and modern market management forces.

2. State agencies, organizations, and individuals have the responsibility to participate in building, coordinating, and creating conditions for market management forces to perform their functions, tasks, and powers as prescribed by law.

3. The State selects, trains human resources and invests in modern infrastructure to ensure that market management forces meet the requirements of assigned tasks.

PART II

POSITION, FUNCTION, TASKS, POWERS, AND ORGANIZATION OF MARKET MANAGEMENT FORCES

Article 7. Position and Function of Market Management Forces

Market management forces are specialized forces of the State responsible for performing functions to prevent, combat, and handle acts of smuggling goods; producing, trading counterfeit, prohibited, and origin-unknown goods; infringing intellectual property rights; violating laws on product quality, measurement, pricing, food safety, and commercial fraud; and violating consumer protection laws.

Article 8. Tasks and Powers of Market Management Forces

1. Inspect compliance with the law of organizations and individuals within the scope of inspection as stipulated in Article 17 of this Ordinance.

2. Conduct specialized inspections.

3. Handle administrative violations.

4. Collect evidence, take samples of products, seized items, and means suspected of violation, request expert examination and testing of samples, documents, papers, and evidence related to organizational and individual violations of the law.

5. Apply investigative measures to serve inspection activities, specialized inspections, and handling of administrative violations.

6. Promote, disseminate, and guide the implementation of laws for organizations and individuals.

7. Organize the collection of information, analysis, evaluation, and forecasting of situations to advise and propose to competent authorities to apply preventive measures and combat violations of the law.

8. Build databases on territorial management, results of specialized inspections, administrative violation handling, and other databases serving the activities of market management forces; compile and report the results of specialized inspections conducted by market management forces to competent authorities; propose and recommend the issuance and amendment of regulations related to assigned functions and tasks.

9. Take the lead and coordinate with agencies, organizations, and individuals in inspection and specialized inspection activities, and administrative violation handling.

10. Assist the Minister of Industry and Trade in implementing state management contents stipulated in Clause 1, Article 4 of this Ordinance.

Article 9. Organization of Market Management Forces

1. The Market Management Forces shall be organized from the central to local levels according to the principle of centralized unity.

2. The Government shall specify the tasks, powers, and organizational structure of Market Management Forces at all levels.

Article 10. Civil Servants of Market Management

1. Civil servants of Market Management are persons recruited in accordance with the laws on cadres and civil servants, trained and professionally developed, and appointed to the rank of Market Management civil servant.

2. Ranks of Market Management civil servants:

a) Senior Market Inspector;

b) Principal Market Inspector;

c) Market Inspector;

d) Intermediate Market Inspector.

3. The Government shall provide detailed regulations for Clause 2 of this Article.

Article 11. Matters Prohibited for Civil Servants of Market Management

1. Conducting specialized inspection and supervision activities, implementing professional measures without basis, beyond their functions, powers, scope of tasks, assigned areas of operation, or not following the prescribed procedures and formalities under the law.

2. Obstructing the circulation and lawful trading of goods and services of organizations and individuals in the market; threatening, bribing, or deceiving organizations and individuals during specialized inspections or administrative violation handling.

3. Misusing positions and powers to harass, demand, or accept money or property from violators; tolerating, covering up, or restricting the rights of administrative violators when imposing administrative penalties, or displaying attitudes, gestures, or statements contrary to regulations towards organizations and individuals while performing official duties.

4. Illegally disclosing information, documents, case files related to the specialized inspection activities of Market Management Forces.

5. Matters prohibited for civil servants as stipulated by the laws on cadres and civil servants.

Chapter III

MARKET INSPECTION CARD, SPECIALIZED INSPECTION AND SUPERVISION ACTIVITIES OF MARKET MANAGEMENT AND RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS BEING INSPECTED

Section 1

MARKET INSPECTION CARD

Article 12. Market Inspection Card

1. The Market Inspection Card shall be issued to Market Management civil servants to exercise the authority to issue inspection decisions and conduct inspection activities.

2. The validity period of the Market Inspection Card is five years from the date of issuance of the card and shall be recorded on the card. The model, procedures, and formalities for initial issuance, reissuance, revocation, and temporary suspension of use of the Market Inspection Card shall be specified by the Minister of Industry and Trade.

3. Market Management civil servants may only use and must present the Market Inspection Card when conducting inspections as prescribed.

Article 13. Initial Issuance of Market Inspection Cards

1. Situations for initial issuance of Market Inspection Cards include:

a) Persons appointed to one of the ranks of specialized Market Management civil servants as provided for in points a, b, and c of Clause 2 of Article 10 of this Ordinance and meeting the conditions stipulated in Clause 2 of this Article;

b) Civil servants appointed to hold positions as heads of Market Management agencies with the authority to issue inspection decisions.

2. Conditions for issuance of Market Inspection Cards:

a) Having received professional training as prescribed by the Minister of Industry and Trade;

b) Not being in a period of disciplinary action.

Article 14. Reissuing Market Inspection Cards

1. Civil servants shall be reissued market inspection cards in the following cases:

a) Changing information recorded on the market inspection card;

b) The market inspection card being lost or damaged to the point of being unusable;

c) Expiration of the usage period recorded on the market inspection card and meeting the conditions stipulated in Clause 2 of Article 13 of this Ordinance;

d) Twelve months have passed since the end of the disciplinary action involving demotion in rank, reduction in position, removal from office, and meeting the conditions stipulated in Clause 2 of Article 13 of this Ordinance.

2. In cases where civil servants are reissued market inspection cards, the currently used cards shall be collected and destroyed, except when the market inspection card is lost.

Article 15. Revocation and Suspension of Use of Market Inspection Cards

1. Civil servants shall have their market inspection cards revoked in the following cases:

a) When it is discovered that the civil servant does not meet the conditions stipulated in Clause 2 of Article 13 of this Ordinance at the time of issuance of the card;

b) Transfer to another agency or unit, retirement, resignation, or death while still working;

c) Being sentenced by a court with a criminal judgment having legal effect or being disciplined through demotion in rank, reduction in position, removal from office, or forced resignation;

d) Losing civil capacity.

2. Civil servants shall have their use of market inspection cards suspended in the following cases:

a) Engaging in acts violating the law during official duties as prescribed by law without a decision on handling;

b) Advising or issuing decisions contrary to the law, failing to comply with legal regulations on inspection and administrative penalty for two or more times but not reaching the level of disciplinary action;

c) Being on temporary suspension from work pending disciplinary action;

d) Being disciplined through a warning or reprimand;

đ) Being indicted, temporarily detained, or arrested.

Article 16. Authority to Issue, Reissue, Revoke, and Suspend Use of Market Inspection Cards

1. The Minister of Industry and Trade decides on the initial issuance, reissuance, revocation, and suspension of use of market inspection cards for the heads and deputy heads of central market management agencies.

2. The head of the central market management agency decides on the initial issuance, reissuance, revocation, and suspension of use of market inspection cards for civil servants of the market management force, except for the cases stipulated in Clause 1 of this Article.

The head of the central market management agency may delegate authority to the head of subordinate market management agencies directly to revoke or suspend the use of market inspection cards for civil servants under their management.

3. The heads of market management agencies at all levels and the Heads of Internal Inspection Teams have the right to recommend the competent authority to decide on revoking or suspending the use of market inspection cards if they discover violations by market management civil servants.

Section 2

SPECIALIZED INSPECTION AND AUDIT ACTIVITIES OF THE MARKET MANAGEMENT FORCE

Article 17. Scope of Inspection

1. Inspecting compliance with laws by organizations and individuals in trading goods and services in the market.

During the inspection of goods, if violations are found, the market management force has the right to inspect production facilities, handle violations according to the law on administrative penalties.

2. Inspecting production facilities in sectors and product categories under the management of the Ministry of Industry and Trade.

3. Inspecting compliance with laws by organizations and individuals in other fields where the market management force is authorized by the Government to conduct inspections and impose administrative penalties.

Article 18. Forms of inspection

1. Periodic inspection.

2. Specialized inspection.

3. Sudden inspection.

Article 19. Inspection decision

1. The inspection must be carried out based on a written decision by the person with authority as stipulated in Article 21 of this Ordinance.

2. The inspection decision shall clearly state the following main contents:

a) Date of issuance of the inspection decision;

b) Basis for issuing the inspection decision;

c) Name, address of individuals or organizations to be inspected;

d) Inspection contents;

d) Inspection deadline;

e) Name and position of the Head and members of the inspection team;

f) Name and position of the person issuing the inspection decision.

3. Decisions on periodic inspection and specialized inspection must be organized and implemented within the latest five working days from the date of issuance of the inspection decision. Decisions on sudden inspection must be organized and implemented immediately after issuance.

Article 20. Basis for issuing inspection decisions

1. Decisions on periodic inspection and specialized inspection are issued based on plans approved or issued by competent authorities and not more than once a year for the same content regarding the same inspected entity. The periodic and specialized inspection plans shall be sent to the inspected entities and relevant agencies and organizations immediately after approval or issuance.

2. Decisions on sudden inspection are issued when there is one of the following bases:

a) Information about violations of laws or signs of such violations by organizations or individuals that have been verified, including information from mass media; complaints, denunciations, or reports from organizations or individuals; requests for inspections or handling of violations from organizations or individuals;

b) Proposals for inspection by civil servants performing their duties;

c) Written requests for inspection by state management agencies with authority.

Article 21. Authority to issue inspection decisions

1. The head of the Market Management Agency has the authority to issue inspection decisions as prescribed by the Government.

2. The person with authority to issue inspection decisions as stipulated in Clause 1 of this Article may delegate such authority to their deputy as follows:

a) Delegation of authority to issue inspection decisions can be done regularly or for each specific inspection case;

b) Delegation of authority to issue inspection decisions must be in writing, specifying responsibilities, scope, content, and time limit for delegation;

c) The person delegated to issue inspection decisions shall be responsible for their decisions before the superior and the law. The person delegated shall not further delegate or authorize anyone else.

3. Persons specified in Clauses 1 and 2 of this Article who do not have market inspection cards or are currently suspended from using market inspection cards or have had their market inspection cards revoked shall not issue inspection decisions or delegate or accept the authority to issue inspection decisions.

Article 22. Inspection Period

1. When conducting inspections, the Head of the Inspection Team shall announce and hand over the inspection decision to the inspected organization or individual.

2. The inspection period is defined as follows:

a) The duration of one inspection at the inspection location shall not exceed three working days from the date of announcing the inspection decision;

b) In cases where the inspection matter is complex, the duration of one inspection may be extended but shall not exceed five working days from the date of announcing the inspection decision. The extension of the inspection period shall be decided in writing by the person who issued the inspection decision.

3. Time periods that are not included in the inspection period specified in Clause 2 of this Article include:

a) Time spent reviewing and verifying to conclude the inspection;

b) Time during which the inspected organization or individual delays or evades the inspection.

Article 23. Inspection Team

1. The Inspection Team is established to carry out inspection tasks according to the inspection decision of the competent authority. The decision to establish the Inspection Team must be made in writing by the competent authority issuing the inspection decision.

2. The Inspection Team must have at least two Market Management officials; the Head of the Inspection Team must hold a market inspection card. Members of the Inspection Team must not be under disciplinary action or temporarily suspended from work as stipulated by law.

3. A Market Management official may not participate in the Inspection Team if their spouse, children, parents, full brothers, full sisters, or half-siblings, or the spouse's relatives are the subjects of inspection or hold leadership or management positions in the inspected organization.

Article 24. Duties and Authorities of the Inspection Team

1. The Inspection Team has the duty to organize and implement inspections according to the inspection decision.

2. During the inspection process, the Inspection Team has the right:

a) To request the inspected organization or individual to directly work or appoint a representative to work with the Inspection Team. If the inspected organization or individual does not have a representative or the individual is not present at the inspection location, the Inspection Team still conducts the inspection but must have the presence of a People's Committee representative or public security agency representative at the commune level and a witness;

b) To request the inspected organization or individual or their representative to provide documents, materials, ledgers, vouchers, and explain issues related to the inspection content;

c) To inspect goods, production equipment, business tools; inspect production, business, storage locations related to the inspection content;

d) To collect evidence, explanations from representatives of inspected organizations or individuals at the inspection location;

đ) To take samples of products, items, means of transport suspected of violations for forensic examination and testing as prescribed by law;

e) To apply measures to prevent and ensure administrative violation handling according to the law on administrative violation handling, either within their authority or by proposing such measures to the competent authority.

Article 25. Responsibilities of the Head of the Inspection Team and Members of the Inspection Team

1. The inspection team leader shall be responsible for:

a) To present the market inspection card to the representative of the inspected organization or individual;

b) To announce and hand over the inspection decision to the inspected organization or individual;

c) To inform the representative of the inspected organization or individual about the composition of the Inspection Team;

d) To organize the inspection strictly according to the content of the inspection decision;

đ) To assign specific tasks to members of the Inspection Team;

e) To be responsible before the person who issued the inspection decision and before the law for the activities of the Inspection Team;

g) To comply with the authority of the Market Surveillance Officer performing official duties as prescribed by law;

h) To report and seek guidance from the person who issued the inspection decision on matters arising beyond their authority when carrying out inspection tasks;

i) To immediately prepare and sign the inspection record after completing the inspection to record the results and conclusions of the inspection and hand over a copy to the representative of the inspected organization or individual;

k) To report and propose the handling of the inspection results to the person who issued the inspection decision along with the case file upon completion of the inspection;

l) To comply with points a, c, d, and g of Clause 2 of this Article.

2. Members of the inspection team shall be responsible for:

a) Wearing uniforms, insignias, badges, and nameplates as prescribed;

b) To perform inspection tasks according to the assignment and direction of the Head of the Inspection Team strictly according to the content of the inspection decision;

c) To maintain civilized behavior and communication while performing inspection tasks;

d) To preserve provided documents, materials, ledgers, vouchers; not to damage or lose legitimate property of the inspected organization or individual;

đ) To propose to the Head of the Inspection Team to take necessary measures to ensure effective and lawful inspection activities;

e) To report the results of assigned tasks to the Head of the Inspection Team and to be responsible for the accuracy and truthfulness of the reported content or proposal;

g) To comply with Article 11 of this Ordinance.

Article 26. Responsibilities of the Decision Issuer for Inspection

1. Promptly direct and handle situations arising during the inspection process and after the completion of the inspection according to the report and recommendations of the Inspection Team Leader.

2. Bear responsibility before the immediate superior authority and the law for issuing the inspection decision and all activities conducted under the inspection decision.

Article 27. Handling Inspection Results

The handling of inspection results shall be carried out as follows:

1. In cases where the inspected entity complies with the provisions of the law, the inspection record shall clearly state the compliance with the legal provisions by the organization or individual.

2. In cases where the inspected entity commits administrative violations, an administrative violation record shall be established and penalties shall be imposed in accordance with the law on administrative violation handling.

3. In cases where the inspected entity's actions indicate criminal offenses, the case files, evidence, and means of violation shall be transferred to the competent investigative agency for handling in accordance with the law.

4. In cases where there are signs of law violations but insufficient grounds to conclude a violation, further verification and investigation shall be organized to examine and conclude the inspection case as follows:

a) The verification and investigation period shall not exceed 10 days; if the inspection case involves multiple issues requiring verification and investigation, it may be extended but not more than 25 days from the date of completing the inspection.

b) If the case requires waiting for the results of an appraisal, testing, or specialized opinion from relevant agencies, the verification and investigation period may be extended but not more than 40 days from the date of completing the inspection.

c) The extension or prolongation of the verification and investigation period shall be decided in writing by the decision issuer for inspection.

d) If there is no violation of the law, a written notice must be given to the inspected organization or individual within three working days from the date of conclusion.

Article 28. Management and Storage of Inspection Files

1. Inspection files include the inspection decision, inspection records, related documents, and must be numbered in sequence throughout the file.

2. Inspection files must be stored in accordance with the law on archiving.

Article 29. Specialized Inspection Activities of Market Management Forces

1. Market management forces perform specialized inspection functions as prescribed by the Government.

2. Specialized inspection activities of market management forces shall be carried out in accordance with the law on specialized inspections.

Section 3

RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS BEING INSPECTED

Article 30. Rights of Organizations and Individuals Being Inspected

1. To be notified in writing about periodic inspection plans and special topic inspections; to be informed of the content and time of inspection when the inspection decision is announced unexpectedly.

2. To refuse inspection if there is a basis to believe that the inspection does not comply with the provisions of this Decree and related laws.

3. To explain and present opinions and evidence to protect their legitimate rights and interests related to the inspection content.

4. To directly work with the inspection agency or authorize a legal representative to work with the inspection agency during inspection or administrative violation handling.

5. To request the inspection agency to publicly correct or apologize and compensate for damages if there is a basis to believe that the inspection and handling were not in accordance with the law, affecting the reputation, honor, or causing material damage to organizations or individuals in accordance with the law on State compensation liability.

6. To lodge complaints, reports, or lawsuits regarding improper inspections and handling in accordance with the law.

Article 31. Responsibilities of organizations and individuals subject to inspection

1. Strictly comply with the inspection decision of the competent authority. In case an organization or individual refuses the inspection, they must provide a written explanation and at the same time supply documents and evidence to prove that the inspection does not conform to the provisions of this Ordinance and relevant laws.

2. Directly work or authorize a duly authorized representative to work with the inspection agency when being inspected or administratively sanctioned.

3. Timely provide documents, materials, books, and vouchers related to the inspection content as required and bear responsibility for the accuracy of the provided documents, materials, vouchers, and books.

4. Comply with the inspection, temporary detention of goods, objects, documents, means, and tools of production and business operations suspected of violating the law at the place of production, sale, or storage of goods according to the requirements and regulations of the competent authority.

5. Promptly and fully explain the truth about the inspection contents as required by the competent authority.

6. Shall not evade, obstruct, delay, resist lawful inspections or threaten, insult, entice, bribe, or offer a bribe in any form to members of the Inspection Team.

Chapter IV

OPERATIONAL MEASURES OF THE MARKET MANAGEMENT FORCES

Article 32. Operational measures

1. The operational measures of the Market Management Forces include:

a) Area-based management of organizations and individuals engaged in trading goods and commercial services;

b) Collecting, verifying, and investigating information to serve specialized inspections, administrative violation handling;

c) Monitoring the activities of organizations and individuals engaged in trading goods and commercial services suspected of violating the law;

d) Building a database to provide information to support the activities of the Market Management Forces.

2. Implementing operational measures shall not affect the legitimate trading activities of organizations and individuals involved.

3. The authority and procedures for implementing operational measures are stipulated by the Minister of Industry and Trade.

Article 33. Contents of operational measures

1. The contents of area-based management include:

a) Regularly updating information, compiling statistical databases, basic surveys, and classifying subjects of area-based management according to specific criteria;

b) Inspecting and comparing data on the operation status of organizations and individuals engaged in trading goods and commercial services after obtaining business permits and maintaining conditions required for business operations;

c) Promoting, disseminating, and guiding the implementation of relevant legal provisions;

d) Summarizing and promptly reflecting unusual market trends and prices of essential goods in the managed area to the competent authorities for handling;

đ) Regularly monitoring compliance with legal provisions in trading goods and commercial services;

e) Proposing management measures for trading goods and commercial services in the area;

g) Building, managing, and utilizing information databases on area-based management and implementing regular and ad hoc reporting systems as required by higher-level state management agencies.

2. The collected, verified, and investigated information includes:

a) Business operation situations, transportation, and accumulation of goods by organizations and individuals engaged in trading goods and commercial services; compliance with legal provisions in trading goods and commercial services by organizations and individuals;

b) Transportation, storage, and trading of smuggled goods; production and trading of fake, substandard goods, and commercial fraud by organizations and individuals;

c) Results of specialized inspections, checks, and administrative penalties imposed by competent authorities on violations in trading goods and commercial services; violation behaviors, methods, and tricks employed;

d) Information from functional agencies regarding economic and social situation forecasts related to trading goods and commercial services.

3. The content of supervision includes:

a) Collecting and verifying information and documents about organizations and individuals suspected of smuggling or producing, selling fake, prohibited goods, goods of unknown origin; organizations and individuals suspected of infringing intellectual property rights, violating quality, measurement, pricing, food safety laws, consumer protection laws, and commercial fraud; assessing the reliability of information and documents provided by information sources;

b) Identifying locations for accumulating, storing, hiding goods in violation; clarifying the nature, scale, methods, and tricks of operations of organizations and individuals suspected of smuggling or producing, selling fake, prohibited goods, goods of unknown origin, goods infringing intellectual property rights, goods violating quality, measurement, food safety laws, and commercial fraud; promptly detecting, preventing, and destroying documents and evidence of violators.

Information and documents collected during supervision serve as the basis for determining the illegal acts of organizations and individuals in trading goods and commercial services.

4. The contents of building an information source include:

a) Using informants to regularly provide information sources and contact points;

b) Building, classifying, managing, and using information sources according to the single-line principle decided by the head of the Market Management Forces at all levels;

c) Verifying and investigating in writing according to regulations for information and documents provided by informants.

CHAPTER V

COOPERATION IN INSPECTION ACTIVITIES OF THE MARKET MANAGEMENT FORCES

Article 34. Principles of Coordination

1. Compliance with legal regulations.

2. Clearly define the responsibilities of the leading agency and coordinating agencies according to their functions, tasks, and granted authorities.

3. Ensure coordinated, unified, tight, timely, non-overlapping, and effective coordination.

4. The content of coordination must be kept confidential in accordance with the provisions of the law.

5. Requests for coordination must be expressed in writing by the head of the agency having jurisdiction.

Article 35. Content of Coordination

1. Exchange information on acts of law violation or signs of law violation.

2. Develop annual inspection plans or thematic plans.

3. Carry out inspection activities related to the functions and tasks of coordinating agencies.

4. Review, verify, collect evidence, and other circumstances related to the inspection case.

5. Accept case files for handling within the scope of authority.

6. Conclude inspections and handle violations in accordance with the provisions of the law.

Article 36. Leading Agency for Inspections

1. The Market Management Agency leads inspections of organizations and individuals within its inspection scope according to its functions, tasks, and directives from competent state agencies.

2. For inspections involving the professional management functions of multiple sectors, the Market Management Agency leads and coordinates with relevant agencies to conduct inspections.

3. Sector-specific state management agencies lead inspections of organizations and individuals within their assigned fields.

Article 37. Responsibilities of the Leading Agency and Coordinating Agencies

1. Responsibilities of the Leading Agency:

a) Send coordination requests to relevant agencies to participate in inspection activities;

b) Be responsible for the contents of coordination requests;

c) Notify the results of coordination in writing to coordinating agencies.

2. Responsibilities of the Coordinating Agency:

a) The head of the agency requested to coordinate is responsible for promptly addressing the contents of the coordination request from the leading agency; if they believe the coordination request does not comply with the law or due to force majeure, they have the right to refuse and bear legal responsibility for the refusal. The refusal notice must clearly state the reasons and be promptly sent to the requesting agency;

b) Assign personnel to participate, provide support equipment, or give professional opinions at the request of the leading agency;

d) Organize the implementation of coordination requests from the leading agency.

CHAPTER VI

ENSURING ACTIVITIES AND POLICIES FOR MARKET MANAGEMENT FORCES

Article 38. Ensuring Activities of Market Management Forces

1. Market management forces are included in the civil service establishment as prescribed by the Government in accordance with their assigned functions and tasks.

2. The State ensures operating funds, office space, technical equipment, working tools, and other necessary conditions for market management forces.

Article 39. Working Tools and Uniforms of Market Management Forces

1. Market management forces are equipped and use supportive tools, cars, large motorcycles, boats, high-speed vehicles, technical equipment, and specialized modern devices.

2. Market management forces are uniformly provided with license plates, badges, insignias, flags, uniforms, and other necessary equipment.

3. The Government shall provide detailed regulations on this Article.

Article 40. Treatment and policies for market management officialsc Market Management

1. Market management officials shall be entitled to salary and allowances according to their rank, grade, position within the specialized market management civil service, seniority allowances, and other allowances appropriate to the nature, tasks, and operational areas of the market management force as prescribed by the Government.

2. Market management officials who achieve outstanding results while performing assigned public duties shall be considered for commendation and rewards; in cases where they violate public duties, they shall be subject to handling in accordance with the provisions of the law.

3. Market management officials who are injured or sacrifice their lives while performing public duties shall be entitled to treatment and policies in accordance with the law on preferential treatment for those who have contributed to the revolutionary cause.

Chapter VII

RESPONSIBILITIES OF ORGANIZATIONS AND BODIES FOR THE ACTIVITIES OF THE MARKET MANAGEMENT FORCE

Article 41. Responsibilities of the Ministry of Industry and Trade

1. Shall be responsible before the Government for implementing state management as stipulated in Clause 3, Article 4 of this Ordinance.

2. The Minister of Industry and Trade shall prescribe detailed regulations on job title standards and specialized training for market management officials based on their positions; the content, procedures, and processes of market management force inspections.

3. Shall take the lead in compiling regular reports or reports as directed by authorized agencies on the implementation of laws related to market management.

4. Shall take the lead in building databases on specialized inspection activities, administrative violation handling, and sharing information with relevant ministries, sectors, and localities.

Article 42. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

1. Shall direct subordinate functional agencies and forces to promptly coordinate and cooperate with the market management force in specialized inspection activities, administrative violation handling, addressing market management force recommendations; exchanging information; vocational training; promoting and disseminating laws.

2. Ministries, based on their assigned functions and tasks, shall be responsible for coordinating with the Ministry of Industry and Trade to ensure staffing, operating funds, material infrastructure, equipment, means of transportation, working conditions, and market management policies as prescribed in this Ordinance.

3. Shall submit regular or ad hoc reports as directed by authorized agencies on inspection situations concerning organizations and individuals under their national management to the Ministry of Industry and Trade for consolidation and reporting to authorized agencies.

Article 43. Responsibilities of People's Committees at all levels

1. Shall direct relevant agencies and organizations within their jurisdiction to promptly coordinate and cooperate with the market management force in carrying out assigned functions and tasks; provide support in terms of material infrastructure and working conditions for the market management force within their jurisdiction; address recommendations regarding market management work.

2. Shall submit regular or ad hoc reports as required by authorized agencies on the implementation of laws related to market management in their locality.

Article 44. Responsibilities of the Vietnam Fatherland Front and its member organizations

Within the scope of their assigned tasks and powers, the Vietnam Fatherland Front and its member organizations shall be responsible for promoting and mobilizing the people to strictly comply with the law; supervising and creating favorable conditions for the market management force to perform their functions, tasks, and authorities.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 45. Effective Date

This Ordinance takes effect from September 1, 2016.

Article 46. Detailed Provisions

The Government and competent authorities shall issue detailed regulations for the Articles and Clauses assigned in this Ordinance.