Circular No. 24/2009/TT-BCT on the management of the jurisdictional area by Market Management agencies

CIRCULAR

Provisions on territorial management work

of Market Management Authorities

_______________________

          Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating 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 Authorities, and Decree No. 27/2008/NĐ-CP dated March 13, 2008 of the Government amending and supplementing Decree No. 10/CP;

          The Ministry of Industry and Trade hereby stipulates the territorial management work of Market Management Authorities as follows:

PART I

General Provisions

Article 1. Scope of Regulation

This Circular stipulates the objects, contents, methods of territorial management; responsibilities of Market Management Authorities at all levels and market management officials in their assigned territorial management work.

Article 2. Applicability

This Circular applies to Market Management Authorities at all levels and market management officials in their assigned territorial management work.

Article 3. Principles of Management

1. Territorial management is a regular task of Market Management Authorities aimed at grasping the situation of commercial and industrial activities within the assigned territory regarding quantity, market trend developments, signs of violations, and violation methods and tricks of organizations and individuals.

2. Coordinate closely with inspection and control agencies and relevant state management agencies to effectively manage organizations and individuals engaged in production, business of goods and services, and commercial activities within the assigned territory.

3. Do not abuse territorial management work to cause inconvenience, harassment, or protect and assist in illegal activities.

4. The General Department of Market Supervision shall unify record books, statistical forms, and reporting forms serving the management of organizations and individuals engaged in production and business within the territory and implement information management through electronic networks.

Chapter II

Specific provisions

Article 4. Objects under Territorial Management

Objects under territorial management (hereinafter referred to as organizations and individuals) include:

1. Domestic and foreign organizations and individuals producing, trading goods and services, and engaging in commercial activities in Vietnam.

2. Individual businesses; production and trading establishments of goods and services and commercial activities.

3. Types of enterprises operating under the Enterprise Law; types of cooperatives operating under the Cooperative Law.

4. Representative offices and branches of domestic and foreign enterprises in Vietnam.

5. Production, trading, delivery, storage, reserve sites for goods; cargo concentration areas, airports, inland waterway ports, sea ports, railway stations, post offices; shopping centers, tax-free shops, supermarkets, markets; types of transportation means frequently passing through the territory, transportation routes passing through the territory.

Article 5. Scope of territorial management

The scope of territorial management according to the functions and tasks of the Market Management Force assigned by administrative boundaries.

Article 6. Contents of territorial management

1. Monitoring, compiling data, regularly updating information on organizations and individuals engaged in production, business, and commercial activities within the territory regarding name, address, type of business, product categories, main industries of production and business. Organizing monitoring of compliance with laws and the operation situation of organizations and individuals engaged in production, business, and commercial activities within the assigned management area based on criteria specified in Article 8 of this Circular to serve inspection, supervision work, and requirements from higher-level management agencies.

2. Establishing statistical registers, conducting basic surveys, classifying organizations and individuals engaged in production, business, and commercial activities within the assigned management area. Statistics on warehouses, parking lots, airports, railway stations, waterways, postal distribution centers, wholesale markets, shopping centers and supermarkets, specialized streets, craft villages, and transportation routes within the assigned management area.

3. Inspecting and verifying data on the operational status of organizations and individuals engaged in production, business, and commercial activities after obtaining Business Registration Certificates, business licenses, Certificates of Eligibility for Business Operations, and maintaining conditions required for business operations.

4. Promoting, disseminating, and guiding organizations and individuals engaged in production, business, and commercial activities within the assigned area to comply with legal provisions on production, business, and commercial activities.

5. Compiling and promptly reflecting market trends and price changes for essential goods, key areas, and abnormal market fluctuations.

6. Monitoring and updating compliance with legal provisions in production, business, and commercial activities, inspections, and handling violations by organizations and individuals to timely serve guidance, control, and territorial management work.

7. Organizing market inspections and supervision, promptly addressing illegal acts within the assigned territorial and sectoral management areas.

8. Proposing measures concerning territorial management and market organization within the assigned territorial and sectoral management areas when difficulties and obstacles are identified during the enforcement of laws.

Article 7. Methods for managing the local area

1. Establish close relationships with local authorities and relevant functional agencies in the assigned area to coordinate in managing organizations, individuals engaged in production, business, and commercial activities within the area.

2. Proactively cooperate with agencies issuing permits, registering businesses, market inspection agencies, and other state management agencies in the area to compile lists and data on organizations and individuals engaged in production, business, and commercial activities within the assigned management area.

3. Establish information channels to receive public feedback on market conditions and violations committed by organizations and individuals engaged in production, business, and commercial activities within the area.

4. Build databases according to criteria specified in Article 8 of this Circular.

Article 8. Building Databases to Serve Local Area Management

1. Market Management Teams establish databases to manage organizations and individuals engaged in production, business, and commercial activities within the assigned area.

2. Market Management Branches aggregate data on the total number of organizations and individuals currently engaged in production, business, and commercial activities within the area.

3. Build databases to manage the local area based on the following criteria:

a) Name, address, type of business, and industry of each organization and individual engaged in production, business, and commercial activities within the area;

b) Classify organizations and individuals engaged in production, business, and commercial activities:

- Classify according to individuals, households, domestic enterprises, foreign-invested enterprises, cooperatives, cooperative unions, supermarkets, shopping centers, duty-free shops, representative offices, branches of domestic or foreign enterprises in Vietnam as stipulated in Article 4 of this Circular;

- Classify according to scale, industry, main products, and products subject to conditional or restricted trade (criteria for determining micro, small, and medium-sized enterprises as prescribed in Article 3 of Decree No. 56/2009/NĐ-CP dated June 30, 2009 of the Government on supporting the development of small and medium-sized enterprises).

4. Compliance with laws in production, business, and commercial activities, clearly indicating that such compliance has been inspected and enforced by Market Management Forces and other forces.

Chapter III

Implementation

Article 9. Responsibilities of the Market Management Department

1. Inspect the performance of local area management by Market Management Branches.

2. Advise and propose policies, guiding documents on organizing cooperation among functional agencies to meet the practical requirements of local area management.

Article 10. Responsibilities of the District Market Management Department

1. Organize, direct, guide, and assign Market Management Teams to perform local area management tasks. Monitor activities, update, aggregate data, classify organizations and individuals engaged in production, business, and commercial activities within the assigned area.

2. Guide and inspect the implementation of local area management regulations by Market Management Teams.

Article 11. Responsibilities of Market Management Teams

1. Assign civil servants to manage the local area, monitor the activities of production, business, and commercial operations of organizations and individuals engaged in production, business, and commercial activities within the area.

2. Coordinate with relevant agencies in the area to provide information, organize inspections, and handle violations of law within their authority.

3. Compile comprehensive statistical records and basic surveys to classify organizations and individuals engaged in production, business, and commercial activities within the managed area.

Update changes in quantity, types, industries, and locations of production and business activities of organizations and individuals engaged in production, business, and commercial activities within the area. Monitor compliance with laws by organizations and individuals engaged in production, business, and commercial activities within the managed area.

4. Inspect the performance of local area management by market management civil servants within the Market Management Team.

Article 12. Responsibilities of Market Management Civil Servants

1. Regularly adhere to the assigned area to understand the trading activities of organizations and individuals engaged in production and business, as well as trading activities within the assigned management area.

2. Implement area management according to the contents stipulated in Clauses 1, 2, 3, 4, 5, 6, and 8 of Article 6 of this Circular.

Article 13. Effectiveness

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

2. During implementation, if any difficulties arise, organizations and individuals concerned shall report to the Ministry of Industry and Trade for timely review and adjustment./.