Decree No. 148/2016/ND-CP detailing the implementation of certain provisions of the Ordinance on Market Management

DECREE

REGULATIONS DETAILING THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE MARKET MANAGEMENT ORDINANCE

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

The Government promulgates this Decree amending and supplementing certain provisions of the Decree No. 148/2016/NĐ-CP dated October 4, 2016 of the Government guiding the implementation of certain provisions of the Market Management Ordinance.

Pursuant to the Law on State Asset Management and Use dated June 3, 2008;

Pursuant to the State Budget Law dated June 25, 2015;

in accordance with the分级授权规定 for the management and use of state assets as prescribed by law.

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

At the proposal of the Minister of Industry and Trade,

The Government issues this Decree detailing the implementation of certain articles of the Market Management Ordinance.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the ranks of market management civil servants; working means, uniforms of the market management force; authority to issue inspection decisions.

Article 2. Applicability

1. Agencies, market management civil servants.

2. Other agencies, organizations, and individuals related to the organization and operation of the market management force.

Chapter II

Article 3. Market Management Civil Service Grade

The Ministry of Industry and Trade shall specify the code, professional standards, and salary grading for the market management civil service grade after obtaining the consensus opinion of the Ministry of Home Affairs.

1. Market management civil servants are persons recruited to work at market management agencies in accordance with the laws on cadres and civil servants and trained, furthered in specialized skills, appointed to the ranks of market management civil servants.

2. Market management civil servants must meet the standards for civil servants as prescribed by the laws on cadres and civil servants and specific professional and specialized standards according to the ranks of market management civil servants.

3. Ranks of market management civil servants:

a) Senior Market Inspector;

b) Principal Market Inspector;

c) Market Inspector;

d) Intermediate Market Inspector.

4. The Ministry of Home Affairs shall prescribe the rank codes of market management civil servants.

5. The Ministry of Industry and Trade shall prescribe the professional and specialized standards of market management civil servant ranks after coordinating with the Ministry of Home Affairs.

The persons authorized to issue inspection decisions as stipulated in Clause 1, Article 21 of the Market Management Ordinance include:

1. Persons authorized to issue inspection decisions include:

a) Heads of central market management agencies;

b) Heads of units under central market management agencies authorized to impose administrative penalties;

c) Heads of provincial market management agencies (hereinafter referred to as provincial market management agencies);

d) Heads of units under provincial market management agencies authorized to impose administrative penalties.

2. Persons authorized to issue inspection decisions as stipulated in Clause 1 of this Article may delegate their authority to deputy heads to issue inspection decisions; the delegation of authority to issue inspection decisions and the issuance of inspection decisions shall be carried out in accordance with Clauses 2 and 3 of Article 21 of the Market Management Ordinance.

3. Persons authorized to issue inspection decisions and deputy heads delegated authority as stipulated in Clauses 1 and 2 of this Article shall exercise the authority to issue inspection decisions within the scope of inspections as prescribed in Article 17 of the Market Management Ordinance.

Chapter III

WORKING MEANS AND UNIFORMS OF THE MARKET MANAGEMENT FORCES

Article 5. Working Equipment of the Market Management Force

1. Working means serving inspection, specialized supervision, and administrative penalty enforcement activities of the market management force include: passenger cars, trucks, pickup trucks, specialized vehicles, motorcycles, high-speed boats, walkie-talkies, technical equipment, measuring devices, rapid testing devices, specialized equipment, information technology and electronic equipment, office machinery and equipment, other means and equipment required for work and as prescribed by law.

2. All levels of market management agencies shall be responsible for coordinating in the use of working means to serve inspection, specialized supervision, and administrative penalty enforcement activities of the market management force.

3. Working means of the market management force shall be managed and used in accordance with work requirements, standards, quotas, and分级授权规定。市场管理队伍的工作装备应当符合工作要求、标准、定额和国家关于国有资产管理和使用的分级授权规定。请严格按照格式要求进行翻译，不要添加任何额外信息或解释。

Article 6. Equipment Supporting the Market Management Force

1. The Market Management Force shall be equipped with and use supporting equipment to serve inspection, specialized supervision, and administrative violation handling work.

2. The management and use of supporting equipment for the Market Management Force shall be carried out in accordance with the provisions of the laws on the management and use of weapons, explosives, and supporting equipment.

Article 7. Market Management Agency Emblem

The Market Management Force emblem has a blue background with a five-pointed yellow star in the center on a red circular base, with two golden rice stalks along the edge of the emblem, their stems attached to a "historical wheel" in gold, and the abbreviated phrase "Market Management" ("QLTT") in red letters arranged along the curve of the wheel.

Article 8. Market Management Flag

The Market Management Force flag is made of dark blue fabric in an equilateral triangle shape with a ratio of side length to base length of 5/3; the two sides have golden tassels and at the center there is the Market Management Force emblem.

Article 9. Rank Badge Attached to the Collar of the Coat

1. The rank badge attached to the collar of the coat is parallelogram-shaped, with a black-blue background, the surface of the fabric having raised ribs, surrounded by a small golden border, and featuring the Market Management Force emblem made of metal.

2. The rank badge attached to the collar of the coat is issued to civil servants working at all levels of the Market Management Force agencies.

Article 10. Rank Badge Attached to the Shoulder of the Coat

1. The rank badge attached to the shoulder is black-blue in color, with raised ribs on the surface of the fabric, surrounded by a small golden border. The small end of the badge is fastened with a metal button featuring a prominent five-pointed star, with golden rice stalks surrounding the edge of the button.

2. The rank badge attached to the shoulder of civil servants holding leadership positions within central-level Market Management Force agencies, provincial-level Market Management Force agencies, and subordinate units thereof features a golden metal star, a golden metal stripe, and a golden metal button.

3. The rank badge attached to the shoulder of civil servants not holding leadership positions features a white metal star and a white metal button.

4. The number of stars on the rank badge attached to the shoulder of market management civil servants is specified as follows:

a) Senior Market Control Officers and equivalent positions feature four stars;

b) Principal Market Control Officers and equivalent positions feature three stars;

c) Market Control Officers and equivalent positions feature two stars;

d) Intermediate Market Control Officers and equivalent positions feature one star.

5. The number of stripes on the rank badge attached to the shoulder of civil servants holding leadership positions within central-level Market Management Force agencies, provincial-level Market Management Force agencies, and subordinate units is specified as follows:

a) Leaders of central-level Market Management Force agencies feature three stripes;

b) Leaders of units under central-level Market Management Force agencies feature two stripes;

c) Leaders of provincial-level Market Management Force agencies feature two stripes;

d) Leaders of units under provincial-level Market Management Force agencies feature one stripe.

Article 11. Market Management Force Nameplate

1. The Market Management Force nameplate has a small golden border, a black-blue background, with the Market Management Force emblem on the left side; the right upper side records the civil servant's name and employee number.

2. The Market Management Force nameplate is issued to civil servants working at all levels of the Market Management Force agencies.

3. The Minister of Industry and Trade shall stipulate the employee numbers for officers working at market management agencies at all levels.

Article 12. Uniforms for Market Management

1. The Market Management uniforms issued to officers working at market management agencies at all levels include:

a) Spring and summer shirts for men;

b) Spring and winter shirts for women;

c) Men's jacket;

d) Women's jacket;

d) Manteau coats, down jackets;

f) Men's suit pants;

g) Trousers, skirts for women;

h) Kepi hats, soft hats, woolen hats;

i) Formal attire set including: Winter shirt, coat, tie, kepi hat, trousers, skirt, leather shoes;

k) Other uniforms including: Helmet for motorbike riding; belt; leather shoes; backless sandals; socks; raincoat; file case; boots; gloves; work protective clothing; work protective gloves; work protective helmet.

2. The Market Management uniforms issued to officers working at market management agencies must be suitable for the job requirements and geographical characteristics.

Article 13. Management and use of insignia, flags, rank badges, signs, and uniforms of the Market Management force

The Ministry of Industry and Trade shall specify the models, specifications, distribution, management, and usage of insignia, flags, rank badges, signs, and uniforms for the Market Management force.

Article 14. Funding for purchasing, repairing work equipment, insignia, flags, badges, uniforms of the Market Management Force

The budget for purchasing, repairing work equipment, insignia, flags, rank badges, signs, and uniforms for the Market Management force shall be allocated within the annual state budget estimate approved by the competent authority or from projects approved by the competent authority or from other sources as prescribed by law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Decree takes effect from December 25, 2016.

Article 16. Responsibility for Implementation

1. The Minister of Industry and Trade shall be responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of all levels of People's Committees are responsible for implementing this Decree./