Decision No. 19/2009/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Market Management Agency under the Ministry of Industry and Trade.

Pursuant to …;

Article 1. Regulations on the functions, tasks, powers, and organizational structure of the Market Management Agency under the Ministry of Industry and Trade.

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of market management and Decree No. 27/2008/NĐ-CP dated March 13, 2008 of the Government amending and supplementing certain articles of Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of market management;

Considering the proposal of the Minister of Industry and Trade,

DECISION:

Article 1. Position and Functions

1. The Market Management Agency is an agency directly under the Ministry of Industry and Trade, performing the function of advising the Minister of Industry and Trade to manage state administration and organize the implementation of tasks related to market inspection, supervision, and combating violations of laws in domestic trade activities.

2. The Market Management Agency has legal personality, its own seal with the National Emblem, and a separate account according to the provisions of the law; its operating funds are provided from the state budget; it has its headquarters in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Market Management Agency shall perform the following tasks and powers:

1. Submit to the Minister of Industry and Trade for submission to the Government or the Prime Minister for approval or issuance of draft resolutions, decrees of the Government, and draft decisions, directives of the Prime Minister regarding market inspection, supervision, and combating violations of laws in domestic trade activities.

2. Submit to the Minister of Industry and Trade for issuance within his/her authority or for submission to the competent authority for issuance of policies, strategies for development, programs, projects, plans, and long-term, five-year, and annual plans on market inspection, supervision, and combating violations of laws in domestic trade activities; policies and systems for civil servants engaged in market management at all levels.

3. Assist the Minister of Industry and Trade in directing, guiding, and supervising the implementation of regulatory legal documents, policies, strategies, plans, programs, projects, and proposals on market inspection, supervision, and combating violations of laws in domestic trade activities after they have been approved; organizing the dissemination and popularization of laws on market inspection and supervision.

4. Issue within its authority professional guidance documents on market inspection, supervision, and combating violations of laws in domestic trade activities; individual documents and internal regulatory documents in accordance with the provisions of the law.

5. Build, manage, and exploit a database on situations of violations in trade activities, quality of industrial goods of organizations and individuals engaged in business; activities of market inspection, supervision, and administrative violation handling by market management forces nationwide. Monitor, forecast, and propose preventive measures and combat strategies.

6. Organize the implementation of market inspection, supervision, and combating violations of laws in trade activities and administrative violation handling in accordance with the provisions of the law:

a) Direct and guide local market management forces on the procedures for market inspection, supervision, and combating violations of laws in domestic trade activities and administrative violation handling in accordance with the law;

b) Conduct direct inspections or coordinate with central and local agencies and functional forces to inspect and handle violations of laws in domestic trade activities;

c) Implement inspection, supervision, and administrative violation handling of regulations on the quality of industrial goods circulating in the market in accordance with the law;

d) Coordinate with relevant organizations and individuals in combating smuggling, production, and sale of fake and substandard goods; infringing intellectual property rights, food safety, and other illegal business activities;

đ) Perform specialized commercial inspection tasks in accordance with the law.

7. Assist the Minister of Industry and Trade in managing and building market management forces:

a) Direct and guide the implementation of systems and policies for market management civil servants;

b) Develop content, programs, and plans for pre-service training, professional skills for market management civil servants at all levels and organize their implementation;

c) Issue Market Inspection Cards to civil servants responsible for market inspection and supervision at all levels upon authorization by the Minister of Industry and Trade;

d) Organize the implementation and supervise market management forces at all levels in implementing regulations on organization, civil servant standards, uniform, insignia, badges, flags, signs, seals, and Market Inspection Cards;

đ) Supervise compliance with laws in market inspection, supervision, and administrative violation handling activities of market management agencies and civil servants at all levels.

8. Direct and supervise local Market Management Branches in implementing information and reporting systems on procedures in accordance with the law.

9. Carry out international cooperation in market inspection and supervision activities in accordance with the division of responsibilities by the Minister of Industry and Trade.

10. Implement administrative reform in market inspection and supervision activities in accordance with the Ministry of Industry and Trade's administrative reform program and plan.

11. Serve as the Standing Office of the Anti-Smuggling, Fake Goods, and Commercial Fraud Steering Committee.

12. Handle complaints and denunciations within its authority.

13. Manage and implement systems and policies for civil servants under the Market Management Agency according to the division of management by the Ministry of Industry and Trade; manage financial resources and assets assigned according to regulations.

14. Perform other tasks assigned by the Minister of Industry and Trade and as prescribed by law.

Article 3. Organizational Structure

1. Office.

2. Legal Affairs Department.

3. General Coordination and Interdepartmental Cooperation Department.

4. Smuggling Prevention Department.

5. Counterfeit Goods Prevention Department.

6. Quality Control Department.

7. International Cooperation Department.

8. Organization and Force Building Department.

9. Representative Office in Ho Chi Minh City.

10. Representative Office in Da Nang City.

Article 4. Leadership

1. The Market Management Agency has a Director and no more than three Deputy Directors.

2. The Director and Deputy Directors are appointed, relieved of duty, or dismissed by the Minister of Industry and Trade in accordance with the provisions of the law.

3. The Director stipulates the functions, tasks, powers, and organizational structure of units under the Agency according to the management level assigned by the Minister of Industry and Trade.

4. The Director is responsible before the Minister and the law for all activities of the Agency; the Deputy Director is responsible before the Director and the law for the assigned field of work.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect 45 days from the date of issuance.

Repeal Decision No. 1681/QD-BTM dated November 15, 2004 of the Minister of Commerce on defining the functions, tasks, powers, and organizational structure of the Market Management Agency and Decision No. 1249/QD-BTM dated July 31, 2007 of the Minister of Commerce on amending and supplementing Article 3 of Decision No. 1681/QD-BTM.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decision./.