Directive No. 25/1999/CT-BTM on Strengthening Management and Inspection of the Market Management Force's Activities Nationwide

DIRECTIVE

Regarding strengthening management and inspection of activities
of market management forces nationwide

Implementing the "Regulation on the Work of Market Control Officials" issued with Decision No. 880 TM/QLTT dated October 5, 1996 of the Ministry of Trade, in recent times, the Market Management Branches have strengthened guidance and management of inspection and control activities of market management forces at local levels. Many Branches have established and promulgated specific regulations on functions, tasks, work relationships, working procedures of each department, regulations on equipment management, financial management...; regularly guiding, monitoring, inspecting the implementation of these regulations and compliance with laws in the activities of market management officials, promptly identifying, correcting, and rectifying shortcomings, handling negative phenomena and violations of law. Therefore, generally, the activities of market management forces at all levels have been strengthened, increasingly becoming systematic, complying strictly with legal provisions, contributing significantly to the struggle against smuggling, commercial fraud, trading in fake and substandard goods, and other illegal business practices.

Alongside these efforts, the activities of market management forces at all levels still have shortcomings and violations, even cases of degeneration and corruption, exploiting functions and powers to harass and engage in corruption, causing difficulties and inconvenience for traders. Although recently the Market Management Department has issued directives, the Market Management Branches of provinces and centrally-administered cities have paid more attention to inspecting and supervising the activities of market management officials under their jurisdiction, promptly and strictly dealing with violative officers. However, negative phenomena and violations of law in inspection, supervision, and administrative violation handling activities of market management forces have not been completely curbed. Phenomena such as illegally stopping vehicles on roads for inspections; harassing, causing difficulties and inconvenience to extort bribes; intentionally covering up and tolerating illegal acts for personal gain; embezzlement, misappropriation of public funds and goods as evidence... still occur; some serious cases have been caught red-handed and prosecuted. These phenomena have caused negative public opinion, affecting the reputation and honor of the national market management force.

To effectively curb these phenomena, the Ministry of Trade requests market management organizations at all levels to implement well the following matters:

1. Regularly disseminate and ensure that all market management officials thoroughly understand and strictly comply with legal provisions on trade, the functions, duties, and powers of market management forces at various levels; procedures and norms in market inspection and supervision activities and administrative violation handling in the field of trade, and other related provisions. The Market Management Teams must maintain daily work logs according to the model prescribed by the Department. Daily activities of the Teams and Supervisors must be recorded fully and seriously.

2. Provincial and municipal Market Management Branches need to assign tasks, clearly define responsibilities for individuals and departments; specify work procedures and relationships between departments; establish and promulgate regulations on equipment management, financial management... and develop plans and measures to regularly monitor and inspect the activities of market management forces locally, promptly correct and prevent errors in inspection and supervision activities, and handle administrative violations.

3. When receiving information from organizations, individuals, mass media (newspapers, radio, television...) reflecting violations of law, violations of activity regulations, negative phenomena of market management officials under their jurisdiction, the Market Management Branches must promptly conduct serious reviews, temporarily suspend work and temporarily confiscate inspection cards for those officials. At the same time, organize thorough investigations to reach objective conclusions, without shielding violators, and not wrongfully accusing those without faults.

4. When discovering negative phenomena, the Branches must proactively organize investigations to clearly determine right and wrong, the extent of violations, identify responsibilities, and take strict disciplinary actions through forms such as reprimand, warning, dismissal, demotion, and forced resignation. In serious cases, they must transfer to legal authorities for criminal prosecution. Team leaders of Market Management Teams where negative phenomena occur must bear joint responsibility for wrongful acts within their teams, and depending on the severity of the violations, the Team leaders must face appropriate disciplinary measures.

5. When there are officials or employees violating the law discovered and investigated by law enforcement agencies, the Branches must closely cooperate with relevant agencies; provide full information and materials and create favorable conditions for law enforcement agencies to investigate and conclude early, handle cases; at the same time, take measures to stabilize internal affairs, consolidate forces to continue performing tasks effectively.

6. Market management officials who engage in corruption, harassment, and are disciplined with warnings or higher penalties, the Branches must issue decisions to revoke inspection cards and arrange them to perform other jobs unrelated to inspection, supervision, and money and goods management. In cases of serious violations or repeated offenses, they must be transferred out of the industry.

7. The Market Management Department is responsible for assisting the Ministry to regularly supervise and inspect to identify and promote good examples, valuable experiences, correct mistakes, and promptly handle and prevent intentional violations and negative behaviors in the activities of the national market management force.

Upon receipt of this document, market management agencies at all levels shall promptly develop specific plans with measures to strictly implement the contents of this document and periodically report the results of implementation to the Ministry.