Decision No. 2453/2005/QD-BTM On Issuing the Regulation on Subsidizing Allowance for Civil Servants in Market Management

ON DECISION OF THE MINISTER OF TRADE

On issuing the Regulation on Pre-service Training Allowance for Market Management Civil Servants

for civil servants managing the market

THE MINISTER OF TRADE

Pursuant to Decree No. 29/2004/ND-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade; Decree No. 10/1995/ND-CP dated January 23, 1995 stipulating the functions, tasks, powers, and organizational structure of Market Management;

Pursuant to Decree No. 117/2003/ND-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of civil servants in state agencies;

Pursuant to Decision No. 161/2003/QĐ-TTg dated August 4, 2003 of the Prime Minister promulgating the Regulation on training and pre-service training for cadres and civil servants; Decision No. 2270/QĐ-BNV dated November 30, 2004 of the Minister of Home Affairs on issuing the pre-service training program;

To help market management civil servants quickly adapt to their work and master their specialized knowledge and skills before performing assigned tasks;

At the proposal of the Director of the Cadre and Civil Servant Department and the Director of the Market Management Department,

DECISION:

Article 1. This Decision hereby promulgates the Regulation on Pre-service Training Allowance for Market Management Civil Servants.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Director of the Cadre and Civil Servant Department, the Head of the Ministry's Office, the Director of the Market Management Department, the Principal of the Central Institute of Commerce, the Heads of relevant units under the Ministry, the Directors of Provincial Departments of Trade (Trade and Tourism Departments), and the Chiefs of Provincial Market Management Branches shall be responsible for implementing this Decision.

REGULATIONS

PRE-SERVICE TRAINING ALLOWANCE

FOR MARKET MANAGEMENT CIVIL SERVANTS

(Issued together with Decision No. 2453/2005/QĐ-BTM dated October 3, 2005)

of the Minister of Trade)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Regulation stipulates the pre-service training allowance for civil servants working in the market management force.

Article 2. The organization of domestic and foreign training courses, programs for inspector, senior inspector, and chief inspector training, and regular or emergency updates on mechanisms, policies, laws, and professional knowledge for market management civil servants are not within the scope of this Regulation.

Article 3. This Regulation does not apply to civil servants who do not belong to the inspector category such as accountants, clerks, treasurers, drivers, security guards, and typists at various levels of market management agencies.

Article 2. Objectives and Requirements

Point 1. Newly recruited civil servants tasked with market supervision duties.

Point 2. Cadres and civil servants transferred from other sectors or agencies to market management agencies and assigned to directly supervise the market, lead and command, or assist in administrative work at the Market Management Department or Branch.

Article 3. Purpose and Requirements

1. Objective

Point 1.1. Pre-service training for market management civil servants aims to equip them with basic, systematic knowledge necessary for new market management tasks, enabling them to have a correct understanding of their profession and the required professional qualifications to perform their duties.

Point 1.2. Contributing to building a clean, strong, standardized, and tightly organized team of market management civil servants with political integrity, moral character, professional expertise, and a high sense of responsibility to meet current and long-term market management requirements.

2. Requirements

Point 2.1. Pre-service training is a mandatory requirement and one of the criteria for the inspector cadre positions;

Point 2.2. It serves as a basis for appointing probationary civil servants to the inspector cadre;

Point 2.3. It provides grounds for issuing market inspection cards and implementing policies and benefits for market inspection civil servants.

Chapter II

PROVISIONS ON PRE-SERVICE TRAINING ALLOWANCE

Article 4. Content of Pre-service Training Allowance

Point 1. Basic issues regarding the organizational structure, functions, tasks, and powers of market management; civil servants and public service for market inspectors.

Point 2. Basic issues concerning anti-smuggling, fake goods, and unfair trade practices.

Point 3. Basic contents of commercial law and related legal provisions affecting market inspection activities; competition law and unfair competition; e-commerce and unfair trade practices in e-commerce; intellectual property rights, product labeling, quality control, measurement, food safety; invoicing and registration systems for circulating goods and imports and exports, business registration, and other unfair trade practices.

Point 4. Basic contents on the issuance and application of legal regulations; administrative violation handling laws.

Point 5. Inspection, supervision, and administrative violation handling procedures for market management.

(Specific topics are detailed in the attached Appendix).

Article 5. Organizational Training Allowance

1. The organizational training allowance for market management civil servants shall be conducted according to the unified content and program stipulated by the Ministry of Commerce.

2. The training allowance takes place annually, with a duration of two months, in a centralized form (including class time, discussion, practice, fieldwork, and writing essays).

Article 6. Textbooks and Lecturers

1. Based on the content of the organizational training allowance stipulated in Article 4 of this Regulation, the Market Management Agency is responsible for coordinating with the Central Trade Cadre School to organize research, compile textbooks, and training materials for the organizational training allowance, submit them to the Ministry for issuance, and guide the use of materials suitable for teaching requirements at different periods.

2. Lecturers participating in the organizational training allowance for market management civil servants include part-time lecturers who are leaders, managers, and experts from the Ministry of Commerce and related Ministries and Sectors, staff from the Market Management Agency, and lecturers from the Central Trade Cadre School with a rank of Senior Specialist or higher.

Article 7. Inspection and Issuance of Certificates

1. At the end of the course, an examination will be organized to evaluate the learning outcomes of the participants.

2. Participants who attend all course content and programs, ensure the study period, achieve satisfactory results in each section and the final exam, and do not violate discipline or examination regulations will be issued a certificate for the organizational training allowance in market management.

3. The certificate for the organizational training allowance for market management civil servants shall be jointly implemented by the Central Trade Cadre School and the Market Management Agency.

Article 8. Funding for Organizational Training Allowance

1. The funding for organizing the organizational training allowance classes comes from the following sources:

a) Units sending civil servants to study use the state budget funds allocated for unit operations;

b) Contributions from participants;

c) Training and development funding provided to the Market Management Agency or the Central Trade Cadre School;

d) Other sources (if any).

2. The contribution level for each course session is announced by the Market Management Agency and the Central Trade Cadre School.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of Related Units

1. Based on the requests from Market Management Branches regarding civil servants requiring annual organizational training allowance, the Market Management Agency coordinates with the Central Trade Cadre School to develop plans and schedules for organizing the organizational training allowance classes, implement them, and report the results to the Ministry Leadership.

2. The Cadre Organization Department assists the Ministry in conducting inspections and audits of the organizational training allowance implementation according to this Regulation.

3. The Department of Commerce and Market Management Branches have the responsibility to create favorable conditions in terms of time, funding, and resolve benefits for those attending training like other civil servants currently working in the agency.