Joint Circular No. 34/2015/TTLT-BCT-BNV guiding the functions, tasks, powers, and organizational structure of local market management

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of local market management

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Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

Pursuant to Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of Market Management; Decree No. 27/2008/NĐ-CP dated March 13, 2008 of the Government amending and supplementing certain articles of Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of Market Management;

Pursuant to Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government stipulating agencies assigned to perform specialized inspection functions and specialized inspection activities;

The Minister of Industry and Trade and the Minister of Interior issue this Joint Circular guiding the functions, tasks, powers, and organizational structure of Local Market Management Branches and Market Management Teams.

Article 1. General Provisions

1. The Market Management force is a specialized force with the function of inspecting and supervising the market, combating violations of laws in commercial and industrial activities and other fields as prescribed by law; performing specialized inspection functions as provided for by law.

2. The Market Management force is organized in a regular manner, tightly structured; ensuring unified management and direction from central to local levels. Activities of the Market Management force aim at establishing order and discipline and ensuring that business activities on the market proceed healthily and in accordance with the law.

3. The Market Management force operates in accordance with the law, is responsible before the law and superior authorities for its own decisions on handling cases. Heads of Market Management agencies at all levels and Market Management officials must fulfill their assigned tasks and powers; ensure inspections and handling of violations in accordance with the law, impartially, objectively, accurately, and promptly.

Article 2. Position and Function of the Market Management Branch

1. The Market Management Branch is an organization under the Department of Industry and Trade, performing the function of advising and assisting the Director of the Department of Industry and Trade in state management of market management, ensuring lawful circulation of goods; organizing the implementation of tasks of inspecting and supervising the market, combating violations of laws in commercial and industrial activities and other fields as prescribed by law and assigned by the People's Committee of the province, centrally governed city (hereinafter referred to as provincial level); performing specialized inspection functions as provided for by law.

2. The Market Management Branch has legal personality, its own seal, and separate bank accounts; it has a headquarters and is a budgetary unit according to the provisions of the law; it can open transaction accounts and temporary holding accounts at the State Treasury; it can establish funds as prescribed by law.

Article 3. Tasks and Powers of the Market Management Branch

1. Advising competent authorities on market management work:

a) Assisting the Director of the Department of Industry and Trade in building and submitting to the Provincial People's Committee plans and measures regarding market organization, ensuring lawful circulation of goods as prescribed by law; policies, measures, projects necessary to implement laws, policies, systems on market management;

b) Recommending to competent authorities to amend, supplement, or promulgate normative legal documents related to market management work;

c) Building annual plans for inspecting and supervising the market in commercial and industrial activities within the provincial level;

d) Assisting the Director of the Department of Industry and Trade in directing, guiding, and inspecting the implementation of normative legal documents, policies, plans, programs, projects on market management work within the provincial level;

đ) Monitoring, summarizing, forecasting developments in market conditions, subjects, patterns, methods, and tactics of organizations and individuals violating laws on commerce, industry, and other fields as prescribed within the provincial level; proposing preventive measures and combat strategies against such violations.

2. Organizing, directing, and implementing market inspection and supervision activities and handling violations within its authority:

a) Inspecting compliance with the law by organizations and individuals engaged in commercial and industrial activities and other fields as prescribed within the provincial level; handling violations within its authority;

b) Organizing the development and implementation of market inspection and supervision plans;

c) Directing, inspecting, and guiding subordinate Market Management Teams in market inspection and supervision work and administrative violation handling;

d) Taking the lead and coordinating with relevant organizations and individuals in preventing and combating violations of laws in commercial and industrial activities within the provincial level;

đ) Handling cases within its authority transferred by Market Management Teams; submitting cases exceeding its authority to the Chairman of the Provincial People's Committee for handling.

3. Propagating and disseminating trade and industry policies related to market inspection and supervision work within the provincial level.

4. Managing and building the local Market Management force:

a) Building plans and proposing to competent authorities on the organization, staffing, equipment, means, and working conditions of local Market Management;

b) Building and submitting to the Director of the Department of Industry and Trade regulations on the functions and tasks of advisory and specialized departments;

c) Implementing systems and policies for Market Management officials and employees under the jurisdiction of the Branch;

d) Developing content, programs, and plans for professional training for Market Management officials and organizing their implementation;

đ) Implementing regulations on organization, official standards, uniform, badge, insignia, flag, signboard, and market inspection card;

e) Inspecting compliance with the law in market inspection, supervision, and administrative violation handling activities of Market Management officials.

g) Implement administrative reform in market inspection and control activities according to the Ministry of Industry and Trade's and the provincial People's Committee's administrative reform program and plan;

h) Build, manage, and exploit the database on the situation of traders engaged in trade and industry within the jurisdiction; the violation situation of organizations and individuals in trade, industry, and other areas assigned by law; inspection, supervision, and administrative violation handling results; the cadre force; equipment, means, and working conditions.

5. Resolve complaints and denunciations in accordance with the law on complaints and denunciations.

6. Carry out specialized inspection tasks as prescribed by law.

7. Implement information and reporting systems as prescribed and required by the competent higher-level state management agency.

8. Manage financial resources, assets, and supplementary funding from administrative violations in anti-smuggling, fake goods, and commercial fraud activities. Manage working tools, simple weapons, and support equipment provided; manage seals and file storage for inspection and administrative violation handling cases as prescribed.

9. Perform other tasks assigned by the Chairman of the Provincial People's Committee, the Director of the Market Management Department, and the Director of the Department of Industry and Trade.

Article 4. Organizational Structure of the Market Management Sub-Department

1. Leadership of the Sub-Department:

a) The Market Management Sub-Department has a Sub-Department Head concurrently serving as Deputy Director of the Department of Industry and Trade, and not more than three Deputy Sub-Department Heads;

b) The Sub-Department Head is the head of the Market Management Sub-Department, accountable to the Director of the Department of Industry and Trade, the Chairman of the Provincial People's Committee, and the law for all activities of the Market Management Sub-Department;

c) The Deputy Sub-Department Head assists the Sub-Department Head in directing certain aspects of work and is accountable to the Sub-Department Head and the law for the assigned tasks. In the absence of the Sub-Department Head, a Deputy Sub-Department Head appointed by the Sub-Department Head shall direct the Sub-Department's activities;

d) The appointment, removal, transfer, and rotation of the Sub-Department Head - Deputy Director of the Department of Industry and Trade are decided by the Chairman of the Provincial People's Committee upon the proposal of the Director of the Department of Industry and Trade. The appointment, removal, transfer, and rotation of Deputy Sub-Department Heads are decided by the Director of the Department of Industry and Trade upon the proposal of the Sub-Department Head.

2. Advisory and Professional Departments:

a) Each Market Management Sub-Department has three advisory and professional departments: the Organization and Administrative Affairs Department; the Business Operations and Comprehensive Department; the Inspection and Legal Affairs Department; for Hanoi City and Ho Chi Minh City, the number of departments may be higher but not exceeding four departments.

b) Based on the nature, characteristics, and requirements of state management over market inspection and control at the local level, the Sub-Department Head of the Market Management Sub-Department develops an organizational proposal for advisory and professional departments, which is submitted to the Director of the Department of Industry and Trade for establishment decision after obtaining a written consensus from the Director of the Civil Service Department;

c) Each advisory and professional department has a Department Head, not more than two Deputy Department Heads, and professional civil servants. The Department Head is accountable to the Sub-Department Head of the Market Management Sub-Department and the law for all activities of the Department. The Deputy Department Head is responsible for certain aspects of work, accountable to the Department Head and the law for the assigned tasks. In the absence of the Department Head, a Deputy Department Head appointed by the Department Head shall direct the Department's activities;

d) The appointment, removal, transfer, and rotation of Department Heads, Deputy Department Heads, and civil servants in advisory and professional departments of the Market Management Sub-Department are decided by the Sub-Department Head in accordance with the law.

3. Market Management Teams:

a) Area-based Market Management Team;

b) Specialized (or mobile) Market Management Team.

Article 5. Staffing of the Market Management Agency

1. The staffing of civil servants of the Market Management Agency is assigned based on job positions tied to functions, tasks, scope of activities, and within the total staffing of civil servants of the province or centrally governed city granted by the competent authority.

2. Based on functions, tasks, organizational structure, and the list of job positions approved by the competent authority, each year, the Market Management Agency builds a plan for civil servant staffing to report to the Department of Industry and Trade for submission to the Provincial People's Committee to be submitted to the competent authority for consideration and decision in accordance with the law.

Article 6. Position, Functions, and Tasks of the Market Management Team

1. Position and Function:

a) The Market Management Team is an organization under the Market Management Agency, directly implementing market inspection and control tasks, combating violations of laws in commercial and industrial activities within the assigned territory and field;

b) The Market Management Team has its office, seal, and transaction account at the state treasury in accordance with the law.

2. Tasks:

a) Implement territorial and sectoral management tasks as prescribed by law; compile and build databases on organizations and individuals engaged in commercial and industrial activities; collect information on market trends, subjects, patterns, methods, and tricks of organizations and individuals violating commercial and industrial laws within the assigned territory or field; propose and recommend measures to manage the market and prevent violations of commercial and industrial laws within the assigned territory or field to the District People's Committee, the Market Management Agency, or relevant state agencies;

b) Inspect organizations and individuals engaged in business regarding compliance with commercial and industrial laws and other assigned fields;

c) Directly or coordinate with relevant state agencies to conduct inspections, promptly prevent and handle administrative violations or cases showing signs of administrative violations as prescribed by law;

d) Apply preventive measures and administrative penalties in commercial and industrial activities and other fields according to the law on handling administrative violations;

đ) Promote, disseminate, and guide the implementation of policies and laws on commerce, industry, and other fields as assigned by the Market Management Agency;

e) Fulfill reporting requirements according to regulations and demands from higher-level competent authorities;

g) Manage financial resources, assets, operational equipment, simple weapons, auxiliary tools, seals, and other equipment, and archive records in accordance with the law and the delegation of the Market Management Agency;

h) Perform other tasks assigned by the Market Management Agency and competent state agencies.

Article 7. Organization of the Market Management Team

1. The Director of the Market Management Agency submits to the Department of Industry and Trade for submission to the Chairman of the Provincial People's Committee to decide on establishing Market Management Teams, specifically:

a) Each district, town, or city under the province (hereinafter referred to collectively as district) establishes one Market Management Team under the Market Management Agency to implement inspection and control tasks and handle legal violations as prescribed within their territory. For districts where it is not necessary to establish a Market Management Team, the Chairman of the Provincial People's Committee assigns one Market Management Team to oversee multiple districts. The names of Market Management Teams are designated in numerical order (1, 2, 3...);

b) Based on the scale of market development, complexity, and number of organizations and individuals engaged in business within the province, the Chairman of the Provincial People's Committee establishes from one to three specialized (or mobile) Market Management Teams under the Market Management Agency to resolve specialized cases throughout the province and support local Market Management Teams. The names of specialized (or mobile) Market Management Teams are designated according to their assigned tasks (anti-smuggling, anti-counterfeiting, etc.).

2. The Market Management Team has a Team Leader, one to three Deputy Team Leaders, and professional civil servants. The Team Leader is responsible to the Director of the Market Management Agency and the law for all activities of the Market Management Team; Deputy Team Leaders are responsible for certain tasks and are accountable to the Team Leader and the law for the assigned duties. When the Team Leader is absent, a Deputy Team Leader appointed by the Team Leader will manage the activities of the Market Management Team. The appointment, dismissal, transfer, and rotation of Team Leaders, Deputy Team Leaders, and civil servants of the Market Management Teams are decided by the Director of the Market Management Agency in accordance with the law.

3. The Market Management Team has Inspection Groups that regularly and continuously perform territorial management tasks; they carry out market inspection and control tasks in communes, wards, and towns (hereinafter referred to as commune level) and other tasks assigned by the Team Leader of the Market Management Team. The Market Management Team does not organize separate support units; apart from one dedicated accountant, the remaining civil servants perform market inspection and control tasks as prescribed by law and are concurrently assigned other tasks by the Team Leader.

4. The Inspector Group Leader is appointed by the Team Leader. The Inspector Group Leader is responsible for assigning and managing the activities of the Inspector Group according to the tasks assigned by the Team Leader of the Market Management Team; they are accountable to the Team Leader of the Market Management Team and the law for the activities of the Inspector Group.

5. The number of civil servants in the Market Management Team is determined by the Director of the Market Management Agency based on the scale of market development in each area of the locality, the requirements of market inspection and control work, and within the total staffing of civil servants assigned to the Market Management Agency.

Article 8. Transitional Provisions

1. For those Market Management Branches currently having more Deputy Branch Chiefs than the number specified in this Joint Circular, they shall continue to maintain the current number of deputy positions to ensure stability; additional positions may only be added when the current number of deputy positions has not reached the number specified in this Joint Circular.

2. In cases where individuals have been appointed to head positions or deputy head positions of organizations within Market Management Branches prior to the effective date of this Joint Circular, if after restructuring and improving the organizational structure of the Market Management Branch, they retain their leadership position or are appointed to a new position with a lower leadership allowance than their previous leadership allowance, they shall be entitled to retain their previous leadership allowance according to Decision No. 140/2009/QĐ-TTg dated December 31, 2009 of the Government on retaining leadership allowances for leadership positions during organizational restructuring and improvement.

Article 9. Implementation Organization

1. The Ministry of Industry and Trade is responsible before the Government for leading and managing uniformly the Market Management force nationwide regarding directions of activities; directing, guiding inspection, supervision, and handling violations of the Market Management force during each period; guiding the organization of building the force, systems, policies, and professional standards for specialized Market Management civil servants; training, instructing, and enhancing professional skills; organizing inspections of activities of Market Management Branches, Teams, and Market Management civil servants in accordance with the law; establishing mechanisms and policies and monitoring the implementation of regulations concerning working conditions such as uniforms, simple weapons, supporting tools, market management seals, numbers, signs, emblems, badges, and market inspection cards of the Market Management force.

The Market Management Department is responsible for advising and assisting the Minister of Industry and Trade in implementing the tasks stipulated in this Clause.

2. Provincial People's Committees are responsible before the Government for market management work at the local level; directly organizing, managing, and directing the activities of the local Market Management force in accordance with the law; handling cases within their authority presented by the Chief of the Market Management Branch.

The Director of the Department of Industry and Trade assists the Chairman of the Provincial People's Committee in managing, directing, and inspecting the Market Management Branch regarding programs and plans of activities; regarding organization, staffing, and implementation of systems and policies for Market Management civil servants according to the delegation of personnel management authority.

The People's Committee of the district is responsible for coordinating with the Department of Industry and Trade and the Chief of the Market Management Branch in organizing, managing, supporting, and creating necessary conditions for the activities of the Market Management Team operating in its jurisdiction; handling cases within their authority presented by the Chief of the Market Management Team.

Article 10. Effective Date

1. This Joint Circular takes effect from December 15, 2015, and replaces Circular No. 09/2001/TT-BTM dated April 13, 2001 of the Ministry of Trade guiding the organization, tasks, and authorities of the Market Management force at the local level.

2. The Chairmen of Provincial People's Committees, the Director of the Market Management Department, the Directors of the Departments of Industry and Trade and Civil Service Affairs, the Chiefs of Market Management Branches, the heads of units under the Ministry of Industry and Trade, the Ministry of Civil Service Affairs, and related agencies are responsible for implementing this Joint Circular.

3. During the implementation process, if there are any difficulties, relevant units shall reflect them to the Ministry of Industry and Trade and the Ministry of Civil Service Affairs for consideration and resolution within their authority./.