Decree No. 27/2008/ND-CP amends and supplements certain Articles of Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of Market Management.

DECREE

Amending and supplementing some articles of the Government Decree No. 10/CP dated January 23, 1995 on the organization, tasks, and powers of Market Management

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Government Decree No. 81/2018/NĐ-CP dated May 22, 2018, detailing the Trade Law on trade promotion activities;

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Considering the proposal of the Minister of Industry and Trade and the Minister of Home Affairs,

DECREE:

Article 1. Amending and supplementing some articles of the Government Decree No. 10/CP dated January 23, 1995 on the organization, tasks, and powers of Market Management as follows:

1. Amending and supplementing Article 3:

"Article 3. The organizational structure of market management agencies at all levels shall be as follows:
1. The Market Management Department shall be headed by a Director, with no more than three Deputy Directors assisting. The appointment and removal of the Director and Deputy Directors shall be decided by the Minister of Industry and Trade. In cases where the number of Deputy Directors exceeds the aforementioned limit, the Minister of Industry and Trade shall consult with the Minister of Home Affairs to submit a proposal to the Prime Minister for decision. The Market Management Department shall have representative offices in Ho Chi Minh City and Da Nang. These representative offices shall use seals and open accounts at the State Treasury in accordance with the provisions of the law.

2. The Market Management Branch shall be headed by a Branch Director, with no more than three Deputy Branch Directors assisting. The Branch Director shall concurrently serve as Deputy Director of the Department of Industry and Trade. The appointment and removal of the Branch Director - Deputy Director of the Department of Industry and Trade shall be decided by the Chairman of the People's Committee of the province or centrally-run city upon the proposal of the Director of the Department of Industry and Trade. The appointment and removal of Deputy Branch Directors shall be decided by the Director of the Department of Industry and Trade upon the proposal of the Branch Director.

3. The Market Management Team shall be headed by a Team Leader, with no more than three Deputy Team Leaders assisting. The appointment, removal, and transfer of Team Leaders, Deputy Team Leaders, Heads of Departments, and Deputy Heads of Departments within the Branch, as well as the transfer of staff from the Market Management Branch, shall be decided by the Branch Director.

4. The appointment of leadership positions in the Market Management Branch must comply with the standards stipulated by law."

2. Amending and supplementing Clause 1 of Article 4:

"1. Inspect the implementation of laws and policies, systems, and regulations in commercial and industrial activities on the market, perform specialized inspection tasks in commerce. Propose to the Minister of Industry and Trade necessary policies and measures to ensure compliance with laws and policies in this field. Organize the dissemination and popularization of commercial laws to organizations and individuals involved in commerce."

3. Amending and supplementing Clause 1 of Article 5:

"1. Inspect the compliance with laws of commercial and industrial activities of organizations and individuals within the province, perform specialized inspection tasks in commerce. Propose to the Department of Industry and Trade and the People's Committee of the province or centrally-run city plans and measures to organize the market, ensure the circulation of goods according to the law, prevent and promptly address violations in commercial and industrial activities within the province. Organize the dissemination and popularization of commercial laws to organizations and individuals involved in commerce within the province."

4. Amending and supplementing Clause 4 of Article 6:

"4. Be equipped and use weapons, support tools, and other specialized means as prescribed by law (including cars, large-displacement motorcycles, communication equipment) to carry out inspection tasks."

5. Amending Article 8:

"Article 8.
1. The establishment of market management agencies under administrative management shall be assigned by competent state agencies. Operating funds for the Market Management Department and Branches shall be guaranteed by the state budget from various sources as prescribed by law, consistent with the special nature of market management.
2. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Home Affairs to guide criteria for staffing market management officials at local levels; coordinate with the Ministry of Finance to provide specific guidance on funding for market management forces."

6. Amending paragraph 1 of Article 9:

"Article 9. Market management civil servants shall receive salaries according to their civil service ranks and preferential allowances as prescribed by law; they shall be provided uniforms, insignia, badges, and credentials as prescribed by law. Market Inspection Cards shall be uniformly issued by the Minister of Industry and Trade throughout the country."

Article 2. Effectiveness and responsibility for implementation

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.