Decision No. 269-TM/QLTT on issuing the Regulations on management and use of Market Management signs, market inspection cards, and military weapons for the market supervision force.

Pursuant to …;

REGARDING THE ISSUANCE OF REGULATIONS ON MANAGEMENT AND USE OF MARKET MANAGEMENT SIGNS, MARKET INSPECTION CARDS, AND MILITARY WEAPONS IN MARKET MANAGEMENT FORCES.

THE MINISTER OF TRADE

Pursuant to Decree No. 95-CP dated December 4, 1993 of the Government on the functions, tasks, and powers of the Ministry of Trade;
Pursuant to Decree No. 10-CP dated January 23, 1995 of the Government on the organization, tasks, and powers of Market Management;
Pursuant to Decree No. 175-CP dated December 11, 1964, and Decree No. 94-HĐBT dated July 2, 1984 of the Government, and current State regulations on management and use of weapons and explosives;
At the proposal of the Director of the Market Management Department,

DECISION:

Article 1.- Now hereby promulgates with this Decision the Regulations on management and use of Market Management signs, market inspection cards, and military weapons in market inspection and control forces.

Article 2.- These Regulations shall take effect from the date of signing. All previous provisions contrary to these Regulations are abolished.

Article 3.- The Director of the Office of the Ministry, the Heads of the Legal Affairs Department, the Financial Accounting Department, the Directors of Commerce Departments, and the Heads of Market Management agencies at all levels are responsible for organizing the implementation of this Decision.

REGULATIONS

ON THE MANAGEMENT AND USE OF MARKET MANAGEMENT SIGNS, MARKET INSPECTION CARDS, AND MILITARY WEAPONS IN MARKET INSPECTION AND CONTROL FORCES.
(Issued together with Decision No. 269-TM/QLTT dated March 30, 1995 of the Ministry of Trade)

I. GENERAL PROVISIONS

Article 1.- Market Management signs, market inspection cards, and military weapons equipped for market inspection and control forces may only be used while performing official duties.

Article 2.- When granted a Market Management sign, a market inspection card, and assigned responsibility for managing and using military weapons and other equipment, market management officials must strictly comply with laws and State regulations, as well as those of the Ministry of Trade.

Article 3.- Strictly prohibited is the misuse of such items as prescribed (such as lending them out, using the cards and weapons to intimidate others, buying and selling, exchanging, using weapons for hunting, or creating noise as fireworks during holidays and festivals...).

Those who violate these provisions will be subject to administrative penalties or criminal liability depending on the severity of the offense; they must also compensate for any material damage caused to the aggrieved party.

II. PROVISIONS ON THE MANAGEMENT AND USE OF MARKET MANAGEMENT SIGNS AND MARKET INSPECTION CARDS.

Article 4.- Market management officials when attending work, traveling on business, attending meetings, or performing market inspection and control tasks must wear uniforms and display Market Management signs. When conducting inspections of commercial and service activities of units or individuals, they must present their market inspection cards along with necessary documents (inspection orders...) to the inspected units and individuals.

Article 5.- Market Management signs are issued to all market management officials working at central and local levels. However, market inspection cards are only issued to officials directly tasked with market inspection and control if they meet the following conditions:

1. They are civil servants or employees within the State's establishment, classified as market inspectors, and meet the State's prescribed standards;

Excluding those who have been suspended from duty, are under disciplinary action, or are being criminally prosecuted.

2. They are assigned the task of inspecting and controlling the market.

Article 6.- The Market Management Sign and the Market Inspection Card (according to the model issued together with Decree No. 10-CP dated January 23, 1995 of the Government) shall be uniformly issued throughout the country by the Director of the Market Management Agency upon authorization from the Minister of Commerce as follows:

1. The Market Management Agency shall print based on the model prescribed by the Government and, on behalf of the Ministry, approve and distribute to central and local market management officials. Report the results of distribution to the Ministry leadership.

2. Procedures for requesting issuance of the sign and card:

- Individuals shall fill out a personal history form with attached photograph (according to the model) and send four color photographs measuring 4x6 cm to the District Office.

- The Provincial and City Market Management Agencies shall compile a list of selected individuals (according to the model). The District Office shall manage the personal history forms of officials, while sending the list, four photographs, and a request letter for the inspection card and sign to the Market Management Agency.

Within thirty days from receiving complete applications, the Market Management Agency shall issue the inspection cards and market management signs according to the list of officials proposed by the local Market Management Agencies.

Article 7.- When processing the issuance of the sign and card, the letters on the Market Management Sign must be printed in block letters, and those on the Inspection Card must be typed; handwriting, erasing, or alteration is not allowed.

The Market Management Agency must maintain records tracking the issuance of signs and cards; these records must be strictly managed and preserved.

Article 8.- Only officials who have been issued an inspection card may conduct inspections of compliance with laws on trade and services in the market and handle violations within their authority as prescribed by law.

Before issuing inspection cards to officials in their units, the District Market Management Agencies must disseminate and enforce regulations on the management and use of inspection cards to each individual; they must also recover old cards before issuing new ones.

The inspection card specifies a two-year usage period; when transferring to another position, retiring, or being disciplined, the District Office must recover the inspection card, report it to the Agency, and securely store and preserve it for presentation to the inspection agency.

Article 9.- The inspection card and sign must be carefully kept. During use, if they become torn or damaged, a new card or sign can be exchanged but the old one must be recovered. In case the inspection card is lost, a statement explaining the loss must be submitted immediately to the unit head and local police for recovery and announcement through mass media to prevent misuse. If the lost card cannot be found within one month, the Provincial and City Market Management Agencies must prepare a file and submit a request for a replacement card to the Agency. In case the sign is lost, the District Office must send a letter along with the official's statement to the Market Management Agency requesting a new sign.

III. PROVISIONS ON THE MANAGEMENT AND USE OF MILITARY WEAPONS.

Article 10.- Military weapons provided by the State for market inspection and control forces include AK rifles, pistols, electric batons, spray cans, gas masks, and walkie-talkies, intended for self-defense during the performance of duties.

The Ministry assigns the Market Management Agency to represent the Ministry in coordinating with the Ministry of National Defense to develop plans for equipping the above military weapons for market inspection and control forces nationwide, and coordinate with the Ministry of Interior to guide the issuance of permits for the use of such weapons that have been equipped.

Article 11.- Within ten days from the date of receiving military weapons (regardless of the source), the Market Management Branch must go to the Provincial Police Department to complete the declaration procedures for obtaining permission to use the military weapons that have been issued.

The Market Management Branch must maintain records tracking each type of weapon and may only hand over the weapons to individuals for use after obtaining the permission to use them in accordance with the provisions set forth in Article 12 of this Regulation.

In cases where military weapons remain in storage, responsible persons must be assigned to manage their safekeeping. Storage facilities for military weapons must be equipped with adequate safety devices.

Article 12.- The management and use of military weapons must comply with current State regulations, specifically:

1. After receiving military weapons, units must organize training sessions to thoroughly understand the regulations of the Government, Ministry of Defense, and Ministry of Public Security regarding the use, management, storage, transportation of weapons, and proficiency in using the military weapons provided.

2. Military weapons must be kept at the office. When it is necessary to carry weapons on official business, the head of the unit must issue a certificate, and the person assigned to use the weapons must carry all necessary documents such as orders, permits to use weapons issued by the Provincial Police Department, inspection cards, and other documents required for presentation when inspected by authorized forces.

3. Weapons must always be carried on the person; short firearms must not be placed in work bags, backpacks, handbags, or attached to bicycles or motorcycles.

4. Weapons must not be used arbitrarily or contrary to regulations and the purpose for which they were issued.

5. Regular cleaning, safety checks, and careful maintenance must be performed; thorough checks must be conducted before use.

Individuals assigned to manage and use weapons are personally responsible if loss, damage, explosion, or theft occurs. In case of loss, a report must be submitted to the head of the unit and the Police Department (the issuing authority) explaining the reasons for the loss; if lost during official travel, the nearest police station must be notified immediately to take measures to recover the lost weapon.

6. Unit heads must regularly inspect the management, use, and compliance with the rules governing the use of military weapons within their units. They must submit periodic reports (every six months and annually) in writing to the Provincial Police Department on the status of military weapons.

7. When transferring to another position, retiring, or being disciplined, individuals assigned to manage and use weapons in the unit must return the weapons along with the use permit and other issued documents to the unit. The transfer process must be meticulous and documented in a receipt.

Article 13.- Regulations on firing weapons when necessary (excerpted from Part II, Article 1 of Decree No. 95-HĐBT dated July 2, 1984 of the Council of Ministers - now the Government):

"While performing tasks to protect political security and social order, those assigned to use weapons may only fire upon the following targets after issuing a warning shot and the target does not comply, except in truly urgent situations where no other measures can immediately prevent serious consequences caused by the target's actions or to exercise legitimate self-defense as prescribed by law:

1. Persons using force to cause riots, destroying property, or assaulting officers and soldiers protecting targets, attacking protected objects or targets.

2. Persons destroying prisons, freeing prisoners, rebelling, seizing weapons, destroying prisons, or threatening the lives of officers and soldiers performing management, guarding, or escorting duties; dangerous criminals who are detained, being escorted, or have arrest warrants but are fleeing.

3. Persons who do not comply with orders given by officers and soldiers performing patrol, guard, search duties, and use force against officers performing duties or threaten the lives of civilians.

4. Thugs committing murder, rape, causing severe public disorder, using force to loot socialist or citizens' property.

5. Drivers who do not comply with traffic control orders, deliberately flee when they know the vehicle contains weapons, subversive materials, state secrets, or extremely valuable state assets; or when criminals or thugs are using vehicles to flee, permission is granted to shoot out the vehicle to apprehend the suspects.

Extreme caution must be exercised if there are civilians present on or around the vehicle.

II. IMPLEMENTATION

Article 14.- When returning to the General Department (or its representative in Ho Chi Minh City), the Market Management Branches of provinces and cities shall hand over the market management signs and market inspection cards and pay the costs for making these signs and cards to the General Department. These costs shall be covered from the financial budget allocated to the units for their operations.

Article 15.- The procurement funds for military equipment for the market inspection and control forces shall be provided from the State budget.

The level of armament provision and procurement procedures shall be implemented in accordance with Circular No. 206-TT/LB issued jointly by the Ministry of Finance and the Central Steering Committee for Market Management on June 23, 1993.

Article 16.- In the course of implementation, if there are any difficulties, they shall be reported to the Ministry for consideration and resolution.

(Signed)

Truong Dinh Ty