Decision No. 19/2016/QD-TTg on the responsibilities and coordination relationships in anti-smuggling, commercial fraud, and fake goods activities among state management agencies.

Pursuant to …;

Issuing the Regulation on Responsibilities and Coordination Relationships in Activities Among State Management Agencies in Anti-Smuggling, Anti-Commercial Fraud, and Anti-Counterfeit Work
state management agencies in the work of combating and preventing,
smuggling, commercial fraud, and counterfeit goods

________________

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

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

At the proposal of the Head of the National Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeits; the Minister of Finance - Deputy Chairman in charge of the National Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeits,

The Prime Minister issues this Regulation on Responsibilities and Coordination Relationships in Activities Among State Management Agencies in Anti-Smuggling, Anti-Commercial Fraud, and Anti-Counterfeit Work.

Article 1. This Decision promulgates the Regulation on Responsibilities and Coordination Relationships in Activities Among State Management Agencies in Anti-Smuggling, Anti-Commercial Fraud, and Anti-Counterfeit Work.

Article 2. This Decision takes effect from June 21, 2016 and replaces Decision No. 65/2010/QĐ-TTg dated October 25, 2010 of the Prime Minister promulgating the Regulation on Responsibilities and Coordination Relationships in Activities Among State Management Agencies in Anti-Smuggling, Anti-Counterfeit, and Anti-Commercial Fraud Work.

Article 3. The Head of the National Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeits, Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees under central cities, Heads of local steering committees for combating smuggling, commercial fraud, and counterfeits, and Heads of related agencies shall be responsible for implementing this Decision.

 

MINISTER THE PRIME MINISTER SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

REGULATION

Responsibilities and Coordination Relationships in Activities Among State Management Agencies in Anti-Smuggling, Anti-Commercial Fraud, and Anti-Counterfeit Work
                               state in the work of combating and preventing smuggling,
                                                         commercial fraud, and counterfeit goods

(Annexed to Decision No. 19/2016/QĐ-TTg dated May 6, 2016
                                                           of of the Prime Minister)

                       

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of Application:

This Regulation stipulates responsibilities according to fields and areas and coordination relationships in activities among state management agencies in anti-smuggling, anti-commercial fraud, and anti-counterfeit work.

2. Applicability:

a) Ministries, ministerial-level agencies, and government agencies (hereinafter referred to as ministries and sectors), People's Committees of provinces and centrally governed cities;

b) The National Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeits (hereinafter referred to as the National Steering Committee 389); local steering committees for combating smuggling, commercial fraud, and counterfeits (hereinafter referred to as local Steering Committee 389).

Article 2. Principles for determining responsibility and coordinating activities

1. On responsibility:

a) The Minister, Head of a ministry-level agency, and Head of an agency under the Government shall be responsible for directing and organizing anti-smuggling, commercial fraud, and fake goods combat work within their respective sectors based on the functions and tasks assigned by the Government and the Prime Minister, and according to the following principles:

• Ensuring compliance with current laws regarding functions and tasks related to anti-smuggling, commercial fraud, and fake goods combat; each area or sector will have one main agency responsible, leading, and organizing coordination in anti-smuggling, commercial fraud, and fake goods combat work; other agencies will cooperate and participate with the leading force according to their functions, tasks, and powers prescribed by law. In cases where smuggling, commercial fraud, or production and sale of fake goods are discovered in areas or sectors led by another agency, the discovering agency must immediately notify the main responsible agency to handle the situation to support each other in completing tasks effectively according to assigned functions and tasks.

b) The Chairperson of the People's Committees of provinces and centrally governed cities shall be fully responsible for directing and organizing anti-smuggling, commercial fraud, and fake goods combat work in their directly managed areas and localities. The Chairman of the 389 Steering Committee at the provincial level assists the Chairperson of the People's Committee of the province or centrally governed city in implementing anti-smuggling, commercial fraud, and fake goods combat work in their areas.

c) During the process of performing their functions, tasks, and responsibilities assigned by the Government, the Prime Minister, and the Chairman of the National 389 Steering Committee, the Ministers, Heads of ministry-level agencies, and Heads of agencies under the Government, and the Chairpersons of the People's Committees of provinces and centrally governed cities shall be responsible for directing functional forces under their authority to proactively organize coordinated activities, including defining the leading agency and cooperating agencies to ensure consistency and synchronization in directing and managing effectively anti-smuggling, commercial fraud, and fake goods combat work according to specific topics, fields, and areas, and bearing responsibility within the scope of their assigned functions and tasks.

2. On coordinating activities

a) Coordination relationships in anti-smuggling, commercial fraud, and fake goods combat work between ministries, sectors, and People's Committees of provinces and centrally governed cities must comply with the law, assigned functions, tasks, and powers; ensuring mutual support and avoiding loopholes or overlaps in the performance of functions and tasks.

b) Coordination activities shall be carried out according to the principle of timeliness and effectiveness; the coordination process should not cause difficulties, inconvenience, or prolong the time for inspecting and handling smuggled goods, commercially fraudulent goods, and fake goods.

c) The exchange of criminal information, investigation, and implementation of measures for anti-smuggling, commercial fraud, and fake goods combat work must ensure confidentiality regulations.

Chapter II

RESPONSIBILITY IN THE COMBAT AGAINST SMUGGLING, COMMERCIAL FRAUD, AND FAKE GOODS OF THE NATIONAL 389 STEERING COMMITTEE AND MINISTRIES, SECTORS, AND LOCALITIES

Article 3. Responsibilities of the National Steering Committee 389

Based on the tasks and authorities assigned by the Prime Minister, the National Steering Committee 389 shall be responsible for performing the following tasks:

1. Developing strategies, plans, and measures to prevent and combat smuggling, commercial fraud, and counterfeit goods during each period. Directing, inspecting, urging, and guiding ministries, sectors, and localities in their efforts to combat smuggling, commercial fraud, and counterfeit goods. Directing provincial people's committees under the central government where there are joint anti-smuggling, commercial fraud, and counterfeit goods control stations to issue regulations on the organization and operation of these stations.

2. Directing the coordination between agencies and competent forces in detecting, combating, preventing, and handling serious organized acts of smuggling, commercial fraud, and counterfeit goods.

3. Directing ministries, sectors, and localities to review, amend, supplement, or propose to the competent authority to amend and supplement mechanisms, policies, and legal normative documents related to improving the effectiveness of efforts to combat smuggling, commercial fraud, and counterfeit goods.

4. Establishing inter-ministerial teams to inspect the handling of organized large-scale smuggling, commercial fraud, and counterfeit goods cases that have significant impacts on the economy and society; inspecting the prevention and combat of smuggling, commercial fraud, and counterfeit goods in key areas.

5. Implementing international cooperation in the field of preventing and combating smuggling, commercial fraud, and counterfeit goods.

6. Proposing commendations for collectives and individuals with outstanding achievements in activities to prevent and combat smuggling, commercial fraud, and counterfeit goods.

7. Directing the handling of collectives and individuals suspected of shielding, protecting, or assisting in smuggling, commercial fraud, and counterfeit goods.

8. Conducting summaries and evaluations of efforts to combat smuggling, commercial fraud, and counterfeit goods regularly and thematically, reporting to the Prime Minister.

9. Directing ministries, sectors, and provincial people's committees under the central government to cooperate with Vietnam Television and other news agencies to develop programs and plans for propaganda on preventing and combating smuggling, commercial fraud, and counterfeit goods. Directing the Office of the Permanent Secretariat to assist and support the Chairman and the National Steering Committee 389 in managing and directing activities and implementing the tasks and authorities of the National Steering Committee 389.

10. Performing other tasks assigned by the Prime Minister.

Article 4. Responsibilities of Ministries and Sectors with Functions of Inspection, Supervision, Control, and Combating Smuggling, Commercial Fraud, and Counterfeit Goods

1. Ministry of Finance

a) Taking the lead in inspecting, supervising, and controlling goods and transport means within the customs territory; implementing and organizing cooperation in combating smuggling, illegal transportation of goods and currency across borders, and other violations of customs laws; handling violations according to the provisions of the law.

Outside the customs territory, they are responsible for coordinating with state management agencies to implement measures to prevent and combat smuggling, illegal transportation of goods across borders, and other violations of customs laws; exchanging customs information and investigative and arrest operations.

In case there is evidence indicating smuggled goods or transport means carrying smuggled goods moving from the customs territory to outside it, the customs agency continues to pursue and notify the police, border guard, coast guard, market management agencies in the area to coordinate, while applying measures to stop and handle according to the law. The stopping and pursuit of foreign transport means traveling in Vietnam's territorial waters shall be carried out in accordance with the Law on the Sea of Vietnam.

Implementing international cooperation, exchanging information, and coordinating with customs forces of other countries in combating smuggling, commercial fraud, and counterfeit goods;

b) Taking the lead in tax inspections and monitoring compliance with tax policies and laws; implementing comprehensive and resolute measures to combat tax revenue losses; strictly managing and penalizing entities using illegal invoices to legitimize smuggled, counterfeit, substandard, and unclearly sourced goods; leading and coordinating with relevant agencies at all levels in preventing and combating tax fraud; handling tax violations within their jurisdiction;

c) Directing functional units under the Ministry of Finance to strictly implement legal provisions within their scope of management regarding preventing and combating smuggling, commercial fraud, and counterfeit goods; closely coordinating with relevant agencies both inside and outside the ministry during the process of combating smuggling, commercial fraud, and counterfeit goods;

d) Proposing systems and policies to support funding to ensure working conditions, communication, patrol, inspection, and supervision equipment for agencies responsible for preventing and combating smuggling, commercial fraud, and counterfeit goods; submitting to the competent authority for consideration and decision.

2. Ministry of Public Security

a) Directing public security forces at all levels to detect, arrest, investigate, and clarify smuggling networks, groups, and production and business of counterfeit goods and smuggled goods nationwide; coordinating and supporting competent agencies in inspecting and handling smuggling, commercial fraud, counterfeit goods, and smuggled goods cases according to the law;

b) Implementing plans and operational measures to prevent, investigate, detect, and combat smuggling crimes, illegal transportation of goods and currency across borders, production and transportation of counterfeit goods, and handling violations according to the law;

c) Coordinating and directing public security forces at all levels to cooperate with competent agencies in detecting, stopping, and arresting transport means carrying counterfeit goods, smuggled goods, and commercially fraudulent goods on land, rail, and water routes.

3. The Ministry of National Defense

a) To lead the inspection and supervision of cross-border entry and exit activities, patrol and control in border areas and at sea borders to promptly detect, prevent, and handle smuggling, commercial fraud, and counterfeit goods, illegal transportation of goods and currency across borders; identify and investigate clusters, groups, and networks involved in smuggling and transporting counterfeit goods in border areas and between border regions. In cases where there is evidence that goods are smuggled or illegally transported across borders and the transport vehicles carrying such goods are moving out of the jurisdictional area, continue to pursue the individuals and vehicles engaged in smuggling and illegal transportation from the border into the interior, while immediately notifying the local police and market management agencies to cooperate in apprehending and handling the situation according to the law;

b) To lead patrols, inspections, and controls to combat smuggling, counterfeit goods, and commercial fraud in marine areas within the assigned scope, functions, and tasks, focusing on key marine areas with high potential for smuggling and commercial fraud, international shipping routes with high density of cargo-carrying vessels; promptly detect and handle violations according to the law;

c) To coordinate with Customs and related forces to inspect and supervise export, import, and transit activities; promptly detect and prevent smuggling, commercial fraud, and illegal transportation of goods and currency at border gates, ports, and customs-controlled areas according to the law;

d) To direct economic units under the Ministry of National Defense to regularly self-inspect anti-smuggling, commercial fraud, and counterfeit goods activities in their managed areas; to cooperate and facilitate functional agencies in inspecting, supervising, preventing, and promptly stopping individuals from using military-managed areas to illegally store prohibited goods, smuggled goods, and counterfeit goods;

đ) To promote propaganda and mobilize the people in border areas, organizations, and individuals operating at sea to actively participate in combating smuggling, counterfeit goods, and commercial fraud, not to assist in smuggling, commercial fraud, and illegal transportation of goods and currency across borders and at sea;

e) To implement international cooperation with neighboring countries in patrolling, controlling borders, and enforcing laws at sea according to Vietnamese law and international treaties Vietnam has joined; to exchange information and cooperate in investigating and arresting crimes involving smuggling and illegal transportation of goods across borders, and producing counterfeit goods;

4. The Ministry of Industry and Trade

a) To lead and coordinate with relevant authorities at all levels in implementing market management nationwide; to guide, inspect, and supervise the implementation of legal provisions regarding business operations, circulation of goods, exports, imports, trade activities, and commercial services on the market; to combat speculation, hoarding, trading in smuggled goods, counterfeit goods, and other violations concerning pricing, labeling of goods, production, intellectual property, and other illegal business practices in the domestic market; to promptly detect and handle violations according to the law;

b) To lead the inspection and supervision of the quality of industrial products circulating in the market. To lead and coordinate with the Ministry of Health, the Ministry of Agriculture and Rural Development, and related ministries and sectors in inspecting food safety during circulation in the market, to coordinate with the Ministry of Science and Technology in inspecting and handling violations of industrial property rights, measurement, and quality control, and to coordinate with the Ministry of Culture, Sports and Tourism in inspecting and handling violations of copyright according to the law;

c) To lead the inspection and monitoring of compliance with regulations on competition management, anti-monopoly, unfair competition, and consumer protection; to apply self-defense measures against dumping and subsidies;

d) To coordinate with competent state management agencies in investigating monopoly behaviors and price cartels; behaviors of abusing dominant market positions to sell goods and provide services below full cost to eliminate competitors; or imposing unreasonable purchase and sale prices for goods and services causing harm to customers; agreements to fix prices directly or indirectly among dominant market players; behaviors of dumping imported goods into Vietnam according to the law;

đ) To lead and coordinate with relevant agencies in performing specialized inspection functions of the Ministry of Industry and Trade;

5. Ministry of Health

a) To lead and coordinate with relevant ministries and sectors in inspecting and supervising the implementation of legal provisions regarding food safety during the production, processing, preservation, transportation, export, import, and sale of food additives, food processing aids, bottled water, natural mineral water, health foods, vitamin-enriched foods, packaging materials and containers in direct contact with food according to the law;

b) To lead and coordinate with relevant ministries and sectors in inspecting and supervising the production, export, import, and sale of food according to the law;

6. The Ministry of Science and Technology

a) To guide, inspect, and supervise in the field of standards, measurements, and product quality; related documents in the field of technical regulations and intellectual property according to the division assigned by the Government; activities related to conformity assessment including testing and certification of goods for anti-counterfeiting and commercial fraud purposes.

b) Chair and coordinate with relevant ministries, sectors, and People's Committees at all levels to conduct inspection and supervision activities to handle violations of laws in the fields of standards, measurement, product quality, and intellectual property rights as assigned by the Government.

7. The Ministry of Agriculture and Rural Development

a) Chair and coordinate with related agencies in detecting, preventing, and handling acts of exploiting, transporting, and consuming illegally logged timber, wild animals and their products, rare and endangered species of plants and animals;

b) Chair and coordinate with related agencies in detecting, preventing, and handling acts of exploiting, transporting, and consuming critically endangered and precious aquatic plants and animals;

c) Chair and coordinate with related agencies in detecting, preventing, and handling acts of producing, processing, bottling, packaging, importing, trading, transporting, advertising, and using fake or substandard raw materials and supplies for agriculture, aquaculture, forestry, and fisheries, as well as prohibited or unlisted items, smuggling livestock and crop seeds (excluding inorganic fertilizers);

d) Chair and coordinate with related ministries and sectors to inspect food safety for agricultural, forestry, fishery products, and salt according to the law.

8. The Ministry of Transport

a) Chair or coordinate with relevant ministries, sectors, and localities to monitor and supervise the transportation of smuggled goods, commercial fraud, and counterfeit goods through various means of transport;

Direct subordinate units to create favorable conditions for competent authorities to inspect, control, and prevent illegal transportation of prohibited goods and smuggled goods in road, rail, sea, and air transport activities; direct railway security forces, station and airport guards, port staff, and industry personnel to participate in combating smuggling, commercial fraud, and counterfeit goods;

b) Coordinate with relevant ministries and sectors in managing and controlling temporary imported vehicles with foreign license plates used in Vietnam to promptly detect smuggled or illegally circulating vehicles;

1. the Ministry of Natural Resources and Environment

Chair and coordinate with relevant agencies to guide and inspect import activities for goods affecting the environment that are banned or restricted from importation, including scrap materials used as production inputs, in compliance with environmental protection laws and other relevant laws;

9. The Ministry of Culture, Sports and Tourism

Chair and coordinate with relevant ministries, sectors, central and local functional agencies in managing and inspecting copyright and related rights for literary and artistic works; software copyrights; anti-smuggling of cultural products and pirated recordings; inspect, investigate, and handle violations according to the law;

11. The Ministry of Justice

Chair and coordinate with ministries, ministerial-level agencies, government agencies, and related organizations in monitoring the implementation of laws and administrative violation handling work in the fight against smuggling, commercial fraud, and counterfeit goods;

12. The Ministry of Information and Communications

a) Chair and coordinate with relevant ministries and sectors to inspect, investigate, and handle violations in postal services for letters and parcels; unauthorized importation, publication, printing, and distribution of non-book publications; telecommunications and information technology;

b) Direct news agencies and media organizations to cooperate with central and local functional agencies to organize propaganda on the fight against smuggling, commercial fraud, and counterfeit goods, and the negative impacts of these actions on the economy and society;

13. The State Bank of Vietnam

Direct related units or coordinate with ministries, sectors, and functional agencies in controlling foreign currency inflows and outflows from Vietnam; the use of foreign currency within Vietnam; gold trading activities; and handling counterfeit currency circulating in the market;

14. The Committee for Ethnic Minorities Affairs

Direct propaganda and mobilization of the people and ethnic minorities in minority regions to actively participate in the fight against smuggling, commercial fraud, and counterfeit goods, and not to facilitate illegal transportation of goods and currency across borders;

15. Other Ministries and Sectors

Based on their assigned functions and tasks, organize production and business management according to the law, prevent and combat smuggling, commercial fraud, and counterfeit goods production and trade, stabilize the market, promote production development, and expand commodity exchange.

Article 5. Responsibilities of the Chairpersons of People's Committees of provinces and centrally governed cities in combating smuggling, commercial fraud, and counterfeit goods

1. Organize the implementation of legal regulations, policies, and directives of the Government, Prime Minister, National Steering Committee 389, and central ministries and sectors regarding the work of combating smuggling, commercial fraud, and counterfeit goods.

2. Direct the local Steering Committee 389 to conduct inspections and controls over production and business activities of goods and services within their jurisdiction to ensure compliance with the law; promptly detect, prevent, and handle acts of smuggling, commercial fraud, and production and sale of counterfeit goods according to their authority and legal provisions.

   Direct management boards of industrial zones, export processing zones, high-tech parks, and clusters of industries (collectively referred to as industrial zones and clusters); management boards of economic zones, concentrated economic zones, and trading areas on their territory to regularly self-inspect and monitor situations related to smuggling, commercial fraud, and counterfeit goods within their managed areas; at the same time provide information to competent authorities, cooperate, and create conditions for these authorities in inspection and control, prevention, and prompt interception of entities engaging in improper business practices that take advantage of investment incentives to illegally store prohibited goods and smuggled goods within enterprises and warehouses located in industrial zones.

3. Coordinate with state management agencies and market inspection and control agencies of the central government and other localities in organizing market management and combating smuggling, commercial fraud, and counterfeit goods.

4. Promptly propose to the Prime Minister, National Steering Committee 389, and central ministries and sectors to amend and supplement mechanisms, policies, and regulatory legal documents related to the work of combating smuggling, commercial fraud, and counterfeit goods.

5. Direct the strengthening and consolidation of organizational structures, provision of equipment, and working conditions for the local Steering Committee 389 and subordinate functional agencies to ensure effective performance of functions and tasks in preventing and combating smuggling, commercial fraud, and counterfeit goods as stipulated by law.

6. Allocate funds and ensure working conditions to implement anti-smuggling, commercial fraud, and counterfeit goods work at the local level as prescribed.

7. Direct the resolution of complex cases involving multiple departments, districts, and cities in the work of combating commercial fraud and counterfeit goods.

Chapter III

CONTENT AND RESPONSIBILITIES FOR COORDINATION

Article 6. Content of Coordination

Based on the directives of the National Steering Committee 389, closely following practical situations, and according to assigned functions and tasks in the work of combating smuggling, commercial fraud, and counterfeit goods, ministries, sectors, and People's Committees of provinces and centrally governed cities shall implement or direct functional forces under their management to proactively establish cooperative relationships in the following activities:

1. Develop plans and schemes for work, clearly defining the scope of management responsibilities and activities, management measures by sector and field, and issues related to other sectors or localities requiring discussion and consensus with relevant agencies.

2. Detect, collect, exchange, and provide information and materials, including:

a) Information on the situation of smuggling, commercial fraud, and counterfeit goods in the sector and on the territory, market forecasts, supply and demand for goods, prices; results of anti-smuggling, commercial fraud, and counterfeit goods efforts during each phase. In case of sudden and complex issues, promptly report to the National Steering Committee 389 (through the Permanent Office) to inform relevant ministries, sectors, localities, and functional agencies to take appropriate measures;

b) Information on new legal provisions in border management activities, export and import policies, domestic circulation of goods, special economic zone policies, non-tariff policies, border resident policies, and management policies for specific commodities;

c) Information on violations of laws and regulations, modus operandi of violators; about organizations, networks, groups, key routes, and areas related to smuggling, illegal cross-border transportation of goods, selling and transporting smuggled goods, producing and selling counterfeit goods, and other fraudulent trade practices;

d) Information on inspection and handling procedures of various sectors and localities; information on difficulties, obstacles, and experiences of each sector and locality in combating smuggling, illegal cross-border transportation of goods, selling and transporting smuggled goods, producing and selling counterfeit goods, and other fraudulent trade practices;

 d) Information on technical measures for prevention and combat, and scientific and technological advancements that can be applied when functional agencies perform anti-smuggling, commercial fraud, and counterfeit goods duties;

e) Other information and materials as requested by relevant state management agencies.

3. Organize patrols, inspections, investigations, and controls to detect, prevent, and handle violations related to smuggling, production and sale of counterfeit goods, and commercial fraud, including:

a) Organize inspection forces and equipment to prevent; provide professional advice and exchange expertise to handle cases as required;

b) Coordinate during investigations as prescribed by the Criminal Procedure Code and other legal agencies;

c) When handling cases, there should be consensus among participating parties;

d) During inspections and controls, if violations are detected that fall outside the inspection and control agency's functional and authority scope, the inspection and control unit shall notify and transfer the case file to the competent authority for examination and handling according to legal provisions.

đ)  When necessary, inter-ministerial inspection and control forces may be organized to coordinate inspections. The leading agency responsible for coordinating the inter-ministerial inspections shall bear primary responsibility for organizing the inspections and handling the results thereof within its authority and in accordance with the law. Participating agencies shall support the specialized forces and provide means during the inspection process and handle complex cases.

4. Propose amendments and supplements to mechanisms, policies, and laws when new issues arise in the work of combating smuggling, illegal transportation of goods across borders, trafficking and transporting smuggled goods, producing and trading counterfeit goods, and other fraudulent commercial activities, so that relevant ministries and sectors can amend and supplement them within their authority or submit them to competent authorities for amendment and supplementation to ensure state management requirements.

5. Train and enhance professional skills, build forces according to work requirements; support each other in international cooperation activities related to enhancing the capacity of enforcement officers; organize exchanges, publicize exemplary individuals and deeds, and disseminate and popularize laws.

6. Coordinate in information dissemination and propaganda activities:

a) Mobilize and encourage the people to participate in combating negative behaviors and violations of law in the work of preventing and combating smuggling, trade fraud, and counterfeit goods;

b) Disseminate and popularize laws among organizations and individuals engaged in production and business operations to comply with legal regulations related to production and business activities, prevention of smuggling, trade fraud, and counterfeit goods.

7. Coordinate with enterprises, industry associations, the Vietnam Anti-Counterfeit and Brand Protection Association, and the Vietnam Consumer Protection Association in disseminating and popularizing laws related to production and business activities and protecting the legitimate rights and interests of businesses and consumers; industry associations shall proactively coordinate with competent agencies in providing information on genuine and counterfeit goods and intellectual property violations as a basis for inspection and handling of violations.

Article 7. Responsibilities of Coordinating Agencies and Units

1. Fully and accurately implement the objectives, requirements, contents, and principles of coordination programs, plans, and schemes already signed with coordinating units.

2. Regularly or promptly report information to the leading agency as required about market conditions, anti-smuggling, trade fraud, and counterfeit goods work of their own unit.

3. Participate in inter-ministerial inspections when necessary; in urgent situations at the request of the leading unit, the requested unit must provide support, create conditions, reinforce personnel and means to promptly prevent and handle smuggling, trade fraud, and counterfeit goods cases.

4. Attend meetings convened by ministries, sectors, or localities and prepare necessary documents for the meeting as required.

5. Participate in handling smuggling, trade fraud, and counterfeit goods cases related to their own unit's responsibilities objectively and in accordance with the law.

Article 8. Responsibilities in directing coordination work

1. Responsibilities for directing the National Steering Committee 389, the Office of the National Steering Committee 389

a) The National Steering Committee 389

Directs the organization of cooperative relationships between ministries, sectors, and localities in anti-smuggling, commercial fraud, and counterfeit goods activities to effectively implement tasks as stipulated in Article 3 of this Regulation;

b) The Office of the National Steering Committee 389

Is the advisory body assisting the leadership of the Committee and the National Steering Committee 389 in directing coordination activities and coordinating forces among ministries, sectors, functional agencies, and localities in anti-smuggling, commercial fraud, and counterfeit goods activities nationwide. It compiles, evaluates, and reports to the National Steering Committee 389 on the results of implementing the coordination regulations periodically every six months and annually, and at any time when required.

2. Responsibilities of ministries and sectors with functions of inspection, supervision, control, and anti-smuggling, commercial fraud, and counterfeit goods combat

a) Organizes the development and implementation of programs, plans, and cooperation schemes with other ministries, sectors, and functional agencies in inspecting and controlling anti-smuggling, commercial fraud, and counterfeit goods activities within their assigned areas;

b) Monitors, inspects, and urges functional agencies under their ministries and sectors to cooperate in performing anti-smuggling, commercial fraud, and counterfeit goods combat tasks; directs the resolution of complex cases involving multiple ministries, sectors, and localities within their respective fields;

c) Requests state management agencies at ministries, sectors, and local levels to provide full and timely information and reports related to anti-smuggling, commercial fraud, and counterfeit goods activities within their respective fields, compiles the situation, evaluates the results of activities to report to the National Steering Committee 389 and the Prime Minister;

d) Recommends the Prime Minister and relevant state management agencies on necessary policies and measures to enhance the effectiveness of anti-smuggling, commercial fraud, and counterfeit goods combat activities within their respective fields;

đ) Cooperates in inter-ministerial inspections when necessary; in urgent situations, requests relevant agencies to strengthen personnel and means to promptly prevent and arrest smuggling, trading, transporting, storing contraband, prohibited goods, counterfeit goods, and commercial fraud within their assigned areas and fields;

3. Responsibilities for directing the Provincial Steering Committee 389

a) Directs, organizes, and manages activities in coordinating anti-smuggling, commercial fraud, and counterfeit goods combat work in their respective provinces;

b) Organizes the development and implementation of programs, plans, and preventive measures against anti-smuggling, commercial fraud, and counterfeit goods (including emergency measures for specific fields, routes, and areas) to promptly and effectively prevent such illegal activities within their management areas. Monitors, inspects, and urges departments, bureaus, and lower-level people's committees to implement these measures; resolves complex cases involving multiple sectors within their province;

c) Compiles the situation, evaluates the results of anti-smuggling, commercial fraud, and counterfeit goods combat activities in their province, and reports fully and promptly to the National Steering Committee 389 as prescribed;

d) Recommends the Prime Minister and relevant ministries and sectors on specific measures to enhance the effectiveness of anti-smuggling, commercial fraud, and counterfeit goods combat activities suitable to the actual situation of their province;

đ) Directs the organization of inter-sectoral inspections in their province when necessary;

e) Organizes campaigns to mobilize the public to commit not to participate in or facilitate smuggling, trading, transporting, storing contraband, prohibited goods, counterfeit goods, and commercial fraud;

g) Proposes competent authorities to promptly reward collectives and individuals with outstanding achievements in anti-smuggling, commercial fraud, and counterfeit goods combat. Directs the handling of collectives and individuals showing signs of covering up, protecting, colluding, or facilitating smuggling, commercial fraud, and counterfeit goods.

Chapter IV IMPLEMENTATION ORGANIZATION

Article 9. Review, summary; reporting and rewarding, disciplining

1. The work of review and summary to assess results and reporting system:

a) Ministries, sectors, localities shall conduct reviews (every six months) and summaries (annually) to evaluate the results of cooperation activities under this Regulation and compile them into reports on the results of anti-smuggling, commercial fraud, and fake goods combat efforts (to be submitted to the National Steering Committee 389 through its Office) for compilation and reporting to the Head of the National Steering Committee 389 and the Prime Minister;

b) Forms of review and summary

• The National Steering Committee 389 shall organize reviews and summaries of cooperative activities directly led by the National Steering Committee 389; Ministries and sectors shall organize reviews and summaries of cooperative activities according to their respective areas of cooperation or those they have signed agreements on; Local Steering Committees 389 shall conduct reviews and summaries of the implementation of cooperative activities as stipulated in this Regulation at the local level.

2. Rewarding, disciplining

a) Rewarding:

Groups and individuals with achievements in cooperative work and enforcement of tasks against smuggling, commercial fraud, and fake goods shall be rewarded in accordance with the provisions of the law;

b) Disciplining:

Heads of ministries, sectors, and localities who allow prolonged or serious cases of smuggling, commercial fraud, and fake goods within their jurisdiction or area of management must bear responsibility before the Prime Minister and the Head of the National Steering Committee 389;

Groups and individuals violating this Regulation shall be disciplined in accordance with the provisions of the law.

Article 10. Provisions on implementation

1. Based on this Regulation, Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Councils directly under the central government, and Heads of relevant agencies and units shall be responsible:

a) To develop specific annual work plans and programs, including contents on cooperative relationships to organize and direct the implementation of anti-smuggling, commercial fraud, and fake goods combat efforts within their respective fields, sectors, localities, agencies, and units; Provincial People's Councils shall issue Regulations on responsibilities and cooperative relationships among departments, levels, and functional forces in their localities.

2. When current laws provide different provisions regarding the responsibilities of ministries and sectors in combating smuggling, commercial fraud, and fake goods compared to this Regulation, such provisions must be strictly followed.

3. During the implementation process, if there are difficulties or obstacles, they should be reported to the National Steering Committee 389 (through the Office of the National Steering Committee 389) for compilation and submission to the Prime Minister for consideration and decision./.