Decision No. 34/2018/QĐ-TTg stipulates the functions, tasks, powers, and organizational structure of the Market Management General Department under the Ministry of Industry and Trade.

Pursuant to …;

REGULATING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MARKET MANAGEMENT AGENCY UNDER THE MINISTRY OF INDUSTRY AND TRADE

Pursuant toThe Law on the Organization of the Governmentdated June 19, 2015;

Pursuant to the Ordinance on Market Management dated March 8, 2016;

On the basis ofDecree No. 1Decision No. 23/2016/NĐ-CPdated September 1, 2016 of the Government regulating the functions, tasks, powers and organizational structure of ministries and ministerial-level agencies;

Pursuant toDecree No. 98/2017/NĐ-CPdated August 18, 2017 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Minister of Industry and Trade;

The Prime Minister issues this Decision to regulate the functions, tasks, powers and organizational structure of the Market Management Agency under the Ministry of Industry and Trade.

Article 1. Position and Functions

1. The Market Management Agency is an organization directly under the Ministry of Industry and Trade, performing the function of advising and assisting the Minister of Industry and Trade in state management and enforcing laws related to preventing, combating, and handling illegal business activities involving smuggled goods; production and sale of counterfeit and prohibited goods, goods of unknown origin; infringement of intellectual property rights; violations of laws on product quality, measurement, pricing, food safety; violations of laws protecting consumer rights and other fraudulent trade practices as prescribed by law.

2. The Market Management Agency has legal personality, its own seal bearing the National Emblem, a separate account at the State Treasury, and headquarters in Hanoi.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submit to the Minister of Industry and Trade for submission to the Government, The Prime Minister to consider and decide:

a) Draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft resolutions, decrees of the Government; draft decisions, directives of the Government; draft decisions, directives of the Prime Minister regarding the organization and operation of market management forces; regarding the system of regulations and policies for market management officials;

b) Strategies, national target programs, action programs, long-term development plans, important projects, and draft reports on the organization and operation of market management forces.

2. Submit to the Minister of Industry and Trade for consideration and decision:

a) Draft circulars, decisions, directives, and other documents concerning the organization and operation of market management forces; concerning inspection work and struggle against violations of laws on trading goods and services - commerce on the market and other fields as prescribed by law, regarding the system of regulations and policies for market management officials within the authority of the Minister;

b) Annual or phased activity plans of the Agency;

c) Propose measures for state management related to the organization and operation of market management forces.

3. Issue professional guidance documents and other documents as prescribed by law within the jurisdiction of the Agency.

4. Implement legal regulatory documents, strategies, plans, programs, projects, proposals on the organization and operation of market management forces; regarding the system of regulations and policies for market management officials after they have been issued or approved by competent authorities.

5. Implement tasks related to specialized inspections, administrative violation handling according to the law:

a) Direct, guide, and implement specialized inspection activities, combat against violations of laws within the scope of functions, tasks, and powers of market management forces;

b) Apply professional measures to serve specialized inspection activities and administrative violation handling;

c) Collect evidence, take samples of products, seized items, means of transport showing signs of violation, request expert opinions, test samples related to violations of laws by organizations and individuals;

d) Handle administrative violations;

đ) Take the lead and coordinate with relevant agencies, organizations, and individuals in specialized inspection activities and administrative violation handling.

6. Conduct internal inspections, handle complaints and denunciations; handle or propose competent authorities to handle acts violating laws related to market management forces according to the law; prevent corruption, waste, and promote thrift in the use of assets and funds allocated according to the law.

7. Organize the dissemination, popularization, and education of laws in areas under the jurisdiction of the Agency.

8. Organize the collection of information, analysis, forecasting situations to advise and propose to competent authorities to apply preventive and combat measures against violations of laws.

9. Build, operate, and develop information systems and databases on area management, inspection results, administrative violation handling, personnel management databases, asset management databases, and other databases serving the operations of market management forces as assigned by the Minister and as prescribed by law; compile and report inspection and administrative violation handling results of market management forces to competent authorities.

10. Organize research, application of science and technology, advanced management methods in the operations of market management forces.

11. Manage organizational structures and staffing; issue Market Inspection Cards to officials engaged in market inspection duties as prescribed by law; organize implementation and supervision of market management forces' compliance with regulations on organization, official standards, uniform, insignia, badges, flags, emblems, and Market Inspection Cards.

12. Implement salary systems and incentive policies, commendation and reward systems, disciplinary measures, and professional training and development for officials and employees under the jurisdiction of the Agency as delegated by the Minister of Industry and Trade and as prescribed by law.

13. Manage finance, assets, and other resources allocated as delegated by the Minister of Industry and Trade and as prescribed by law.

14. Carry out international cooperation activities in accordance with the division of labor by the Minister.

15. Conduct state statistics on market management activities.

16. Perform other tasks assigned by the Minister of Industry and Trade and as prescribed by law.

Article 3. Organizational Structure

1. Central market management organizations include:

a) The General Department Office;

b) The Cadre and Organization Department;

c) The Consolidation - Planning - Finance Department;

d) The Policy - Legal Affairs Department;

đ) The Inspection - Supervision Department;

e) The Market Management Business Unit.

The General Department Office has three rooms and a Market Management Information Communication Center; the Market Management Business Unit has four rooms.

2. Local market management organizations include:

a) Provincial Market Management Bureaus under the General Department of Market Management, including: Provincial Market Management Bureau; Provincial Market Management Bureau of cities directly under the central government; Inter-provincial Market Management Bureau of cities directly under the central government.

The Provincial Market Management Bureau of provinces and centrally-administered cities has three rooms; the Provincial Market Management Bureau of Hanoi City and Ho Chi Minh City has no more than four rooms; the Inter-provincial Market Management Bureau of cities directly under the central government has no more than five rooms.

b) County-level Market Management Teams under the Provincial Market Management Bureau, including: County-level Market Management Team; District-level Market Management Team; Specialized Market Management Team; Mobile Market Management Team.

The County-level Market Management Team does not organize rooms.

c) The Provincial Market Management Bureau and the County-level Market Management Team have legal personality, their own seals, and are allowed to open accounts at the State Treasury in accordance with the provisions of law.

Article 4. Leadership of the General Department

1. The General Department of Market Management has a Director-General and no more than four Deputy Directors-General.

2. The Director-General and Deputy Directors-General are appointed, relieved of duty, and dismissed by the Minister of Industry and Trade in accordance with the provisions of law.

3. The Director-General is the head of the General Department, responsible to the Minister of Industry and Trade and to the law for all activities of the General Department of Market Management. Deputy Directors-General are responsible to the Director-General and to the law for the areas of work they are assigned to manage.

4. The Director-General of the General Department of Market Management submits to the Minister of Industry and Trade regulations on functions, tasks, powers, and organizational structure of units under the General Department; appoints, relieves of duty, transfers, rotates, and dismisses heads and deputy heads of organizations under the General Department in accordance with the provisions of law and the delegation of the Minister of Industry and Trade.

Article 5. Effectiveness and Transitional Provisions

1. This Decision takes effect from October 12, 2018 and replaces Decision No. 19/2009/QĐ-TTg dated February 6, 2009 of the Prime Minister on the functions, tasks, powers, and organizational structure of the Market Management Bureau under the Ministry of Industry and Trade. The Prime Minister is responsible for:

a) Receiving and organizing the local market management organization structure according to the objectives and implementation schedule set forth in the Project to establish the General Department of Market Management approved along with this Decision;

b) Drafting the Project to establish 19 inter-provincial Market Management Bureaus for submission;

c) Reviewing and reducing the number of County-level Market Management Teams to 376 teams according to the schedule until 2020.

3. People's Committees of provinces and centrally-administered cities are responsible for coordinating with the Ministry of Industry and Trade to transfer the existing staffing, headquarters, and material infrastructure of the Provincial Market Management Branches to the Ministry of Industry and Trade.

4. Local market management agencies under the General Department of Market Management continue to use the allocated budget up to the end of the 2018 fiscal year and settle accounts with the local budget; prepare consolidated budgets into the Ministry of Industry and Trade's budget from the 2019 fiscal year.

The Minister of Industry and Trade, Ministers, Heads of Ministries equivalent to ministries, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally-administered cities, the Director-General of the General Department of Market Management, and related agencies, organizations, and individuals are responsible for implementing this Decision./.

Article 6. Implementation Organization

- People's Councils, People's Committees of provinces and centrally-administered cities;