Decree No. 127/2015/ND-CP on the organization and operation of inspection in the Industry and Trade sector

DECREE

On the organization and operation of sectoral inspection CRegarding commerceg

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Based on the Inspection Law dated November 15, 2010;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to the Food Safety Law dated June 17, 2010;

Based on the Consumer Protection Law dated November 17, 2010;

Pursuant to the Oil Law dated July 6, 1993, the Law Amending and Supplementing Certain Provisions of the Oil Law dated June 9, 2000 and June 3, 2008;No. Trade Law dated June 14, 2005;

The Government issues this Decree amending and supplementing the list of narcotic substances and precursors promulgated together with Decree No. 57/2022/NĐ-CP dated August 25, 2022 of the Government stipulating the lists of narcotic substances and precursors.

Operations dated April 6, 2016;organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. Pursuant to the Competition Law dated December 3, 2004;

Pursuant to the Electricity Law dated December 3, 2004, the Law Amending and Supplementing Certain Provisions of the Electricity Law;

This Decree stipulates on the organization and operation of agencies performing sectoral inspection functions in the Ministry of Industry and Trade; inspectors of the Ministry of Industry and Trade, persons assigned to perform specialized inspection tasks, and sectoral inspection collaborators; responsibilities of agencies, organizations, and individuals in sectoral inspection activities of the Ministry of Industry and Trade.on2. Agencies assigned to perform specialized inspection functions: lon the 20th day of November, 2012;

At the proposal of the Minister of Industry and Trade,

The Government promulgates this Decree on the organization and operations of inspection in the Ministry of Industry and Trade.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

a) General Department of Energy; Market Management Agency; Chemicals Agency; Industrial Safety and Environmental Protection Agency; Electricity Regulation Agency; Trade Promotion Agency; E-commerce and Information Technology Agency; Competition Administration Agency under the Ministry of Industry and Trade (hereinafter referred to collectively as the General Department and Agencies);

Article 2. Inspection Objects

1. Agencies, organizations, and individuals under the management of the Ministry of Industry and Trade, Department of Industry and Trade.

2. Agencies, organizations, and individuals with the obligation to comply with legal provisions in fields under the management of the Ministry of Industry and Trade, Department of Industry and Trade.

Article 3. Application of International Treaties

In cases where this Decree and international treaties to which the Socialist Republic of Vietnam is a member have different provisions on the same issue, the provisions of the international treaty shall be applied.

Chapter II

ORGANIZATION, TASKS, LIMITS OF INSPECTION IN THE MINISTRY OF INDUSTRY AND TRADE

Article 4. Agencies Performing Inspection Functions in the Ministry of Industry and Trade

1. State inspection agencies, including:

a) Inspectorate of the Ministry of Industry and Trade (hereinafter referred to as the Inspectorate);

b) Inspectorate of the Department of Industry and Trade (hereinafter referred to as the Inspectorate of the Department).

b) Market Management Sub-Department under the Department of Industry and Trade (hereinafter referred to collectively as the Sub-Department).

1. The Inspectorate of the Ministry is an agency of the Ministry of Industry and Trade, assisting the Minister of Industry and Trade (hereinafter referred to collectively as the Minister) in state management over inspection work, handling complaints and grievances, receiving citizens, and preventing and combating corruption; conducting administrative inspections, specialized inspections; handling complaints and grievances, receiving citizens, and preventing and combating corruption in accordance with the law.

The Deputy Director of the Inspectorate of the Ministry of Industry and Trade shall be appointed, relieved of duty, or dismissed by the Minister upon the proposal of the Director of the Inspectorate of the Ministry. The Deputy Director of the Inspectorate of the Ministry assists the Director of the Inspectorate of the Ministry in performing tasks as assigned by the Director of the Inspectorate of the Ministry.

Article 5. Position, Functions, and Organizational Structure of the Inspectorate

The Inspectorate of the Ministry performs the tasks and powers prescribed in Article 18 of the Inspection Law and Article 7 of Decree No. 86/2011/ND-CP dated September 22, 2011 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law and the following specific tasks and powers:

2. The Inspectorate has a Director, Deputy Directors, Inspectors, and other civil servants.

The Director of the Inspectorate of the Ministry of Industry and Trade (hereinafter referred to as the Director of the Inspectorate) is appointed, dismissed, or removed from office by the Minister after consultation with the Chief Inspector of the Government.

9. To compile and report on the results of inspection work, complaint and grievance resolution, citizen reception, and anti-corruption efforts within the scope of state management of the Ministry of Industry and Trade to the Government Inspectorate and relevant agencies.

3. The Inspectorate has its own seal and separate account.

4. The Inspectorate has functional departments to carry out assigned tasks. The Minister decides on the establishment of departments under the Inspectorate.

5. The Inspectorate is subject to the direction and management of the Minister and is subject to guidance on work and organizational and professional matters from the Inspectorate of the Government.

Article 6. Duties and Authorities of the Inspectorate of the Ministry

2. To inspect the responsibility of heads of units under the management of the Minister of Industry and Trade in implementing laws on inspection, complaint and grievance resolution, citizen reception, and anti-corruption.

1. To take the lead or participate in drafting normative legal documents related to inspection work in the Industry and Trade sector.

2. To develop the annual inspection plan for submission to the Minister for approval.

3. To provide professional guidance on specialized inspection matters to agencies assigned the function of specialized inspection under the Ministry of Industry and Trade and the Inspectorates of Departments.

4. To organize training and capacity building in specialized inspection, complaint resolution, citizen reception, and anti-corruption.

5. To request agencies assigned the function of specialized inspection under the Ministry of Industry and Trade to report on inspection work within their management scope.

6. To monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on handling inspections issued by the Minister and the Head of the Inspectorate of the Ministry.

7. To monitor, inspect, and urge the implementation of decisions on complaint resolution, findings of complaint content, and measures to handle complaints issued by the Minister and Heads of units under the Ministry of Industry and Trade.

8. To chair inter-ministerial inspection teams or participate in inter-ministerial inspection teams established by the Ministry or other sectors.

1. The Inspectorate of the Department is an agency of the Department of Industry and Trade, assisting the Director of the Department of Industry and Trade (hereinafter referred to collectively as the Director of the Department) in conducting administrative inspections, specialized inspections; handling complaints and grievances, receiving citizens, and preventing and combating corruption in accordance with the law.

10. To directly receive citizens, resolve complaints, and prevent corruption in accordance with the law.

11. To guide, inspect, and conduct inspections on agencies and units under the Ministry of Industry and Trade in implementing legal provisions on inspection, complaint resolution, citizen reception, and anti-corruption.

12. Other duties and authorities as prescribed by law.

Article 7. Duties and Authorities of the Head of the Inspectorate of the Ministry

The Head of the Inspectorate of the Ministry shall perform the duties and authorities stipulated in Article 19 of the Inspection Law, Article 8 of Decree No. 86/2011/NĐ-CP, and the following specific duties and authorities:

1. To report to the Minister and the Chief State Inspector General on inspection work, complaint resolution, citizen reception, and anti-corruption within the scope of responsibility assigned.

The Director of the Inspectorate of the Department of Industry and Trade (hereinafter referred to collectively as the Director of the Inspectorate of the Department) shall be appointed, relieved of duty, or dismissed by the Director of the Department after reaching consensus with the Director of the Inspectorate of the province (hereinafter referred to collectively as the Director of the Inspectorate of the province).

3. To summon civil servants and employees of agencies and units under the Ministry of Industry and Trade to participate in inspection activities.

4. To assist the Minister in monitoring, inspecting, and urging agencies and units under his/her direct management to resolve complaints, citizen reception, and anti-corruption.

5. Other tasks and powers as prescribed by law.

Article 8. Position, Functions, and Organizational Structure of the Inspectorate of the Department

The Deputy Director of the Inspectorate of the Department of Industry and Trade shall be appointed, relieved of duty, or dismissed by the Director of the Department upon the proposal of the Director of the Inspectorate of the Department. The Deputy Director of the Inspectorate of the Department assists the Director of the Inspectorate of the Department in performing tasks as assigned by the Director of the Inspectorate of the Department.

2. The Inspectorate of the Department has a Head of the Inspectorate, Deputy Heads of the Inspectorate, Inspectors, and other civil servants.

4. The Inspectorate of the Department is subject to the direction and management of the Director of the Department; it is subject to the direction on inspection work and guidance on administrative inspection procedures from the Inspectorate of the province, and guidance on specialized inspection procedures from the Inspectorate of the Ministry.

1. To guide and inspect units under the Department of Industry and Trade in implementing legal regulations on inspection; complaint and grievance resolution, citizen reception, and anti-corruption.

3. The Inspectorate of the Department has its own seal and separate account.

2. To monitor, inspect, and urge the implementation of conclusions, recommendations, decisions on handling inspections; decisions on resolving complaints, conclusions on the substance of grievances, decisions on handling, and recommendations on grievances of the Director of the Department, the Inspectorate of the Department.

Article 9. Duties and Authorities of the Department Inspector

The Department Inspector shall perform the duties and authorities stipulated in Article 24 of the Inspection Law, Article 13 of Decree No. 86/2011/NĐ-CP, and the specific duties and authorities as follows:

3. To compile and report on the results of inspection work; complaint and grievance resolution, citizen reception, and anti-corruption efforts within the scope of management of the Department of Industry and Trade to the Inspectorate of the province and relevant agencies.

4. To guide, inspect, and conduct inspections on agencies and units under the Department of Industry and Trade in implementing legal regulations on inspection, complaint and grievance resolution, citizen reception, and anti-corruption.

5. To chair inter-sectoral inspection teams or participate in inter-sectoral inspection teams established by the Department or other sectors.

5. To provide professional and procedural guidance on specialized inspection for agencies assigned to perform specialized inspection functions under the Department of Industry and Trade.

The General Department and Agencies assigned to perform specialized inspection functions shall perform the tasks and powers prescribed in Article 10 of Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities and the following specific tasks and powers:

6. Other duties and powers as prescribed by law.

Article 10. Duties and Authorities of the Head of the Department Inspector

The Head of the Department Inspector shall perform the duties and authorities stipulated in Article 25 of the Inspection Law, Article 14 of Decree No. 86/2011/NĐ-CP, and the specific duties and authorities as follows:

1. Report to the Department Director, the Provincial Inspector Chief, and the Ministry Inspector Chief on inspection work; complaint resolution, accusation handling, citizen reception, and anti-corruption within the assigned responsibility scope.

2. Inspect the responsibility of heads of units under the Industry and Trade Department in implementing laws on inspection; complaint resolution, accusation handling, citizen reception, and anti-corruption.

3. Summon civil servants and officials from agencies and units under the Industry and Trade Department to participate in inspection activities.

4. Assist the Department Director in monitoring, inspecting, and urging agencies directly managed by the Department Director in citizen reception, complaint resolution, accusation handling, and anti-corruption.

5. Professional guidance on specialized inspection functions for agencies assigned to carry out specialized inspection functions under the Department of Industry and Trade.

6. Other duties and powers as prescribed by law.

Article 11. Duties and Authorities of the General Administration, Bureau Assigned to Perform Specialized Inspection Functions

The General Department, Bureau assigned to perform specialized inspection functions shall implement the duties and powers stipulated in Article 10 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government regarding agencies assigned to perform specialized inspection functions and specialized inspection activities, as well as the following specific duties and powers:

1. Develop inspection plans to be submitted to the Ministry Inspector for consolidation and submission to the Minister for approval, and organize the implementation of such plans.

2. Inspect compliance with specialized laws, regulations on professional and technical standards, industry management rules, and fields assigned by the Minister.

3. Inspect cases suspected of violating laws when instructed by the Minister and the Ministry Inspector.

4. Monitor, urge, and inspect the implementation of inspection conclusions, recommendations, and decisions made by themselves.

5. Summarize and report on the results of specialized inspections to the Ministry Inspector.

Article 12. Tasks and Authorities of the Inspection Division assigned to perform specialized inspection functions

The Inspection Division assigned to perform specialized inspection functions shall carry out the tasks and authorities specified in Article 10 of Decree No. 07/2012/NĐ-CP and the following specific tasks and authorities:

1. Develop inspection plans to submit to the Department Inspectorate for consolidation and submission to the Department Director for approval and organize the implementation of such plans.

2. Inspect compliance with specialized laws, technical regulations, and industry management rules assigned by the Department Director.

3. Inspect cases showing signs of law violations and other cases when assigned by the Department Director.

4. Monitor, urge, and inspect the implementation of inspection conclusions, recommendations, and decisions made by themselves.

5. Summarize and report the results of specialized inspections to the Department Inspectorate.

Article 13. Tasks and Authorities of the General Bureau Director, Bureau Director, and Inspection Division Director assigned to perform specialized inspection functions

The General Bureau Director, Bureau Director, and Inspection Division Director shall carry out the tasks and authorities specified in Article 11 of Decree No. 07/2012/NĐ-CP and the following specific tasks and authorities:

1. Impose administrative penalties and handle other law violations according to the provisions of the law.

2. Appoint civil servants to participate in inspection teams of the Ministry Inspectorate, Department Inspectorate, and other agencies upon request.

3. Decide on assigning civil servants to perform specialized inspection tasks based on the standards prescribed by law.

Article 14. Advisory Units for Specialized Inspection Work at the General Bureau, Bureau, and Inspection Division assigned to perform specialized inspection functions

Advisory units for specialized inspection work at the General Bureau shall be organized in the form of Departments; at the Bureau and Inspection Division, they shall be organized in the form of Offices or other units of the General Bureau, Bureau, and Inspection Division may concurrently undertake these functions.

Chapter III

INSPECTION ACTIVITIES IN THE INDUSTRY AND TRADE SECTOR

Section 1

ADMINISTRATIVE INSPECTION ACTIVITIES

Article 15. Inspection Objects for Administrative Inspections

The Ministry Inspectorate and the Inspectorate of Departments shall inspect the implementation of policies, laws, tasks, and authorities delegated to agencies, organizations, and individuals as stipulated in Clause 1, Article 2 of this Decree.

Article 16. Authority to Issue Administrative Inspection Decisions

The authority to issue administrative inspection decisions shall be implemented according to the provisions of Article 43 of the Law on Inspection, Articles 19 and 20 of Decree No. 86/2011/NĐ-CP.

Article 17. Procedures and Formalities for Administrative Inspections

The procedures for administrative inspections shall be carried out according to the provisions from Article 44 to Article 50 of the Law on Inspection and from Article 21 to Article 31 of Decree No. 86/2011/NĐ-CP.

Section 2

SPECIALIZED INSPECTION ACTIVITIES

Article 18. Inspection Objects for Specialized Inspections

Agencies, organizations, and individuals as stipulated in Clause 2, Article 2 of this Decree.

Article 19. Authority to Issue Specialized Inspection Decisions

The authority to issue specialized inspection decisions shall be implemented according to the provisions of Article 51 of the Law on Inspection, Articles 14 and 15 of Decree No. 07/2012/NĐ-CP.

Article 20. Procedures and Formalities for Specialized Inspections

The procedures for specialized inspections shall be carried out according to the provisions from Article 52 to Article 56 of the Law on Inspection and from Article 16 to Article 32 of Decree No. 07/2012/NĐ-CP.

Article 21. Content of Specialized Inspections in the Field of Industrial Safety Technology

Inspect compliance with laws on electrical safety; dam safety of hydropower plants; chemical safety, liquefied petroleum gas safety; industrial explosives and explosive precursor safety; mechanical and pressure safety; safety in mining and oil and gas exploitation; other contents as prescribed by law.

Article 22. Content of Specialized Inspections in the Field of Mechanical Engineering, Metallurgy, and Supporting Industries

Inspect compliance with laws on quality standards for products in the fields of mechanical engineering, metallurgy, and supporting industries within the scope of management; other contents as prescribed by law.

Article 23. Content of Specialized Inspections in the Energy Sector

1. Inspect compliance with specialized laws on the electricity sector within the scope of management:

a) Implementation of contents in power business licenses;

b) Operation of the national power system, including: Load forecasting, grid connection, electricity metering, operations in the power system, fault handling, black start, ancillary services, and power reduction; compliance with legal regulations on power dispatch;

c) Compliance with legal regulations on electricity prices and fees, including: Generation price range, wholesale electricity price range, transmission electricity price, retail electricity price, ancillary service price of the power system, power system operation dispatch fee, and power market transaction management fee; legal regulations on the power market;

d) Compliance with legal regulations on the progress, location, and ash disposal of thermal power plants under build-operate-transfer models, other thermal power plants; compliance with legal regulations on power grids, rural power, and hydropower;

đ) Other contents as prescribed by law.

2. Inspect compliance with specialized laws on new energy, renewable energy, and energy conservation within the scope of management; other contents as prescribed by law.

3. Inspect compliance with laws on coal mining, processing, infrastructure; recovery of coal during mining and processing; coal consumption, import activities; production costs, transportation of coal within the scope of management; other contents as prescribed by law.

4. Inspect compliance with laws on oil and gas exploration, production, transportation, processing, and distribution; cleanup of fixed facilities, equipment, and means serving oil and gas activities; flaring of associated gas; implementation of oil and gas exploration, production, transportation, storage, processing, and distribution projects, oil and gas contracts within the scope of management; other contents as prescribed by law.

5. Inspect compliance with specialized laws on the production, processing, and trading of gasoline, liquefied petroleum gas within the scope of management; other contents as prescribed by law.

Article 24. Contents of specialized inspection in the field of chemicals

Inspect compliance with laws on permissible levels of harmful chemicals in some electrical and electronic products; classification of chemicals according to GHS; prevention and response to chemical accidents in the industrial sector; production and use of chemicals listed in Tables 1, 2, and 3; conditions for producing and trading inorganic fertilizers; conditions for producing and trading in industrial explosives and explosive precursors; production and trading in chemicals listed in the conditional production and trade list and restricted production and trade list in the industrial sector within the scope of management; other contents as prescribed by law.

Article 25. Contents of specialized inspection in the field of mining industry and mineral processing (excluding construction materials and cement production)

Inspect compliance with specialized laws on technical standards, economic-technical norms, technology, occupational safety and health in mining and mineral processing within the scope of management; other contents as prescribed by law.

Article 26. Contents of specialized inspection in the field of food safety

Inspect compliance with specialized laws on food safety during production, processing, storage, transportation, export, import, business for types of alcohol, beer, soft drinks, processed milk products, vegetable oil, starch-based processed products, pastries, candies, chocolate, packaging containers, and other food products within the scope of management; other contents as prescribed by law.

Article 27. Contents of specialized inspection in the field of import and export

Inspect compliance with specialized laws on export, import, temporary import for re-export, temporary export for re-import, transshipment, consignment export, consignment import; origin of goods within the scope of management; other contents as prescribed by law.

Article 28. Contents of specialized inspection in the field of trade promotion

Inspect compliance with specialized laws on promotion; display and introduction of goods and services; trade fairs and exhibitions; establishment and operation of representative offices of foreign trade promotion organizations in Vietnam within the scope of management; other contents as prescribed by law.

Article 29. Contents of specialized inspection in the field of e-commerce

Inspect compliance with specialized laws on management of e-commerce websites and mobile applications; provision of information and transactions in e-commerce; provision of e-commerce services; evaluation of trustworthiness of e-commerce websites; evaluation and certification of personal data protection policies in e-commerce; provision of electronic contract authentication services; protection of personal data in e-commerce within the scope of management; other contents as prescribed by law.

Article 30. Contents of specialized inspection in commercial activities

Inspect compliance with specialized laws on border trade, consignment, agency purchase and sale, processing, commercial appraisal, and commercial brokerage activities within the scope of management; other contents as prescribed by law.

Article 31. Contents of specialized inspection in the field of competition

Inspect compliance with specialized laws on control of anti-competitive practices, unfair competition practices, and multi-level marketing activities within the scope of management; other contents as prescribed by law.

Article 32. Contents of specialized inspection in the field of trade defense

Inspect compliance with specialized laws on anti-dumping, countervailing duties, application of safeguard measures, and circumvention of anti-dumping and countervailing duties within the scope of management; other contents as prescribed by law.

Article 33. Contents of specialized inspection in the field of consumer protection

Inspect compliance with specialized laws on registration of standard contracts, general terms and conditions of transactions as prescribed by law on consumer protection within the scope of management; other contents as prescribed by law.

Section 3

INSPECTION PLAN, OVERLAPPING IN INSPECTION ACTIVITIES, INFORMATION REPORTING REGIME AND REINSPECTION

Article 34. Building and approving annual inspection plans

1. The Ministry's Inspectorate shall take the lead and coordinate with Departments and General Departments under the Ministry based on the guidance program of the Government Inspectorate and the requirements of management to develop an inspection plan and submit it to the Minister for approval no later than November 15 each year. The Minister shall approve the inspection plan no later than November 25 each year.

2. The Provincial Inspectorate shall take the lead and coordinate with District Inspectorates under the Provincial Inspectorate based on the inspection plan of the Ministry's Inspectorate, the Provincial Inspectorate, and the requirements of management to develop an inspection plan and submit it to the Provincial Department Director for approval no later than December 5 each year. The Provincial Department Director shall approve the inspection plan no later than December 15 each year.

3. The inspection plans stipulated in Clause 1 and Clause 2 of this Article shall be sent to the inspected entities and relevant agencies and organizations.

Article 35. Handling Overlapping in Inspection Activities

1. In cases where the Ministry of Industry and Trade’s inspection plan overlaps with the provincial industry and trade department’s inspection plan, the Ministry of Industry and Trade’s inspection plan shall prevail.

2. The Head of the Ministry's Inspectorate shall handle overlapping issues regarding the scope, subjects, contents, and timeframes of inspections conducted by the Ministry's Inspectorate, General Departments, and Departments under the Ministry of Industry and Trade assigned to perform specialized inspection functions, report to the Minister for consideration and decision; coordinate with the Heads of Inspectorates of other Ministries and equivalent agencies to resolve overlapping issues in their inspection activities; coordinate with the Heads of Provincial Inspectorates to resolve overlapping issues between the Ministry of Industry and Trade's inspection activities and those of local inspectorates.

3. In cases where the inspection plan of the Provincial Inspectorate and the inspection plan of the agency assigned to perform specialized inspection functions under the Provincial Department overlap, the Provincial Inspectorate's inspection plan shall be implemented. The Head of the Provincial Inspectorate shall report to the Head of the Provincial Inspectorate for handling overlapping issues in inspection activities with local inspectorates.

Article 36. Information and Reporting System for Inspection Work

1. The Ministry Inspectorate shall report to the Minister and the Chief Inspector of the Government on inspection work, complaint resolution, accusation handling, citizen reception, and anti-corruption efforts within the scope of responsibilities assigned.

2. General Departments and Bureaus shall report to the Ministry Inspectorate on inspection work, complaint resolution, accusation handling, citizen reception, and anti-corruption efforts within the scope of responsibilities assigned.

3. The Provincial Inspectorate shall report to the Provincial Department Director, the Head of the Provincial Inspectorate, and the Head of the Ministry's Inspectorate on inspection work, complaint and denunciation resolution, citizen reception, and anti-corruption efforts within the scope of their responsibilities.

4. The District Inspectorate shall report to the Provincial Inspectorate on specialized inspection work within the scope of its responsibilities.

5. Agencies and units under the Ministry of Industry and Trade shall have the responsibility to send copies of inspection conclusions and audit reports to the Ministry's Inspectorate no later than ten days from the date they receive the inspection conclusions from the inspection agency and the audit reports from the State Audit Office.

Article 37. Re-inspection

1. The Head of the Ministry's Inspectorate shall decide to reinvestigate cases that have been concluded by the heads of agencies assigned to perform specialized inspection functions under the Ministry of Industry and Trade, or by the Chairmen of People's Committees at provincial level, but which fall within the scope and authority of management of the Ministry of Industry and Trade and show signs of violation of the law upon assignment by the Minister.

2. The Provincial Department Director shall instruct the Head of the Provincial Inspectorate to decide to reinvestigate cases that have been concluded by the heads of agencies assigned to perform specialized inspection functions under the Provincial Department of Industry and Trade but show signs of violation of the law.

3. The procedures and formalities for re-inspection shall be carried out according to the provisions from Article 48 to Article 52 of Decree No. 86/2011/ND-CP and from Article 33 to Article 38 of Decree No. 07/2012/ND-CP.

Chapter IV

INSPECTORS, ASSOCIATE INSPECTORS IN THE MINISTRY OF INDUSTRY AND TRADE, PERSONS ASSIGNED TO PERFORM SPECIALIZED INSPECTION TASKS

Article 38. Inspectors in the Ministry of Industry and Trade

1. Industry and Trade inspectors are civil servants of the Ministry's Inspectorate, Provincial Inspectorate, appointed to the inspector rank to perform inspection tasks as prescribed by law and other tasks assigned by the Minister of Inspection of the Ministry, the Chief Inspector of the Province.

2. The duties, powers, and standards of Inspectors are stipulated in the Inspection Law, Decree No. 97/2011/NĐ-CP dated October 21, 2011 of the Government on Inspectors and Inspection Collaborators, and relevant laws.

3. Inspectors in the Ministry of Industry and Trade shall be provided with uniforms, inspection cards, insignia, and other benefits as prescribed by law.

Article 39. Associate Inspectors in the Ministry of Industry and Trade

1. Associate Inspectors in the Ministry of Industry and Trade are individuals recruited by the Ministry Inspectorate and Provincial Inspectorates to join inspection teams.

2. Industry and Trade inspection collaborators are individuals not belonging to the establishment of state inspection agencies, with good moral character; having a sense of responsibility, integrity, honesty, fairness, and objectivity; possessing professional qualifications suitable for the inspection requirements and tasks of the agency that summons them.

3. Associate Inspectors in the Ministry of Industry and Trade shall have duties, powers, responsibilities, and enjoy benefits and policies as prescribed by law on inspection and related laws.

Article 40. Persons Assigned to Perform Specialized Inspection Tasks at Agencies Assigned to Perform Specialized Inspection Functions

1. Persons assigned to perform specialized inspection tasks are civil servants under the General Department, Department under the Ministry of Industry and Trade, District Office under the Provincial Department of Industry and Trade who meet the conditions and standards as prescribed by their civil service grade, the standards stipulated in Article 12 of Decree No. 07/2012/NĐ-CP, and regulations of the Minister of Industry and Trade.

2. Persons assigned to perform specialized inspection tasks at the General Department, Department, and District Office have the authority to impose administrative penalties according to Clause 1, Article 46 of the Law on Handling Administrative Violations and enjoy allowances when performing inspection tasks as prescribed by law.

Chapter V

RESPONSIBILITIES OF ORGANIZATIONS, ENTITIES, AND INDIVIDUALS IN THE MINISTRY OF INDUSTRY AND TRADE INSPECTION ACTIVITY

Article 41. Responsibilities of the Minister of Industry and Trade

1. Direct inspection activities within the scope of management of the Ministry of Industry and Trade.

2. Approve the annual inspection plan.

3. Timely address conclusions and recommendations regarding inspection work.

4. Ensure funding and working conditions for the Ministry's Inspectorate and other agencies assigned to perform specialized inspection functions under the Ministry.

5. Perform other tasks as prescribed by law.

Article 42. Responsibilities of the Chairman of the Provincial People's Committee

1. Direct specialized agencies under the provincial People's Committee to ensure staffing, funding, and operating conditions for the Provincial Inspectorate and Market Management District Office.

2. Direct the training, professional development of inspectors and ensure policies for inspectors and civil servants of the Provincial Inspectorate and civil servants assigned to perform specialized inspection tasks.

Article 43. Responsibilities of the Director of the Department of Industry and Trade

1. Direct inspection activities within the scope of management of the Department of Industry and Trade.

2. Direct the construction and approval of the annual inspection plan.

3. Timely address conclusions and recommendations regarding inspection work.

4. Promptly resolve difficulties and issues related to inspection work; handle overlapping issues in inspection activities.

5. Perform other tasks as prescribed by law.

Article 44. Coordination responsibilities between the industry and trade inspection agency and relevant agencies and organizations

1. The Ministry's Inspectorate coordinates with units under the State Audit Office, Inspectorates of Ministries and sectors, General Departments, Departments under the Ministry of Industry and Trade, Provincial Inspectorates, Provincial Departments of Industry and Trade, and related agencies in inspection activities, handling complaints and denunciations, and preventing corruption.

2. The Provincial Inspectorate coordinates with the Ministry's Inspectorate, Provincial Inspectorate, Inspectorates of provincial departments and sectors, District Inspectorates, Town Inspectorates, City Inspectorates under the province, local government agencies responsible for industry and trade under the district People's Committee, and related agencies in inspection activities, handling complaints and denunciations, receiving citizens, and preventing corruption.

Chapter VI

IMPLEMENTING PROVISIONS

Article 45. Effective Date

This Decree takes effect from February 1, 2016, and replaces Decree No. 117/2006/NĐ-CP dated October 9, 2006 of the Government on the organization and operation of Industrial Inspection, and Decree No. 103/2004/NĐ-CP dated March 1, 2004 of the Government on the organization and operation of Electricity Inspection.

Article 46. Responsibility for Implementation

1. The Minister of Industry and Trade shall organize the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of central government agencies, Chairmen of provincial-level People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree./.